The attorney-client privilege is the cornerstone of the legal profession. It allows clients to communicate freely with their lawyers without fear of disclosure and ensures that attorneys can provide ...

In his Evidence column, Michael J. Hutter writes: In a recent decision that has caught the attention of the mergers and acquisitions bar, the First Department recognized an exception to the voluntary ...

A flat-bladed screwdriver can hew away strips of wood. But any woodworker knows a chisel would be the preferred tool for shaving and shaping the wood. Forcing a tool to perform another task not only ...

Many lawyers across Missouri take exception to how the Sunshine Law's first exception of attorney-client privilege is interpreted. Some say the exception in the state statute granting the public the ...

One of the great myths of the legal profession is that the attorney-client privilege promises absolute confidentiality, to ensure clients' full disclosure to their counsel. However, as most lawyers ...

Image: Holley Robinson, EDRM with AI. After in camera review of 46 documents, the court in Burge v. Teva Pharmaceuticals Industries, Ltd., 2025 WL 2846688 (D. Kans. Oct. 7, 2025), defined and applied ...

Not all communications are protected by attorney-client privilege. Underlying facts are discoverable. Privilege cannot, and should not, be used to protect facts from being discovered. Id. at 395.

BOSTON — Lawyers across the country are assessing the ramifications of a federal judge’s ruling that a white-collar criminal defendant waived the attorney-client privilege to — and lacked work-product ...

Q: We are in a civil case with others, suing a person who engaged in fraudulent misconduct. We share the same attorney who is trying to establish that the attorney-client privilege between this guy ...