I don’t think his privilege assertions will work.

I don’t think his privilege assertions will work.
by Bruno95 (2018-12-11 10:42:48)

In reply to: For those of us fortunate enought to not be attorneys posted by dulac89

The privilege protects communications, not identities. If the client states that a policy was developed with counsel, the lawyer cannot invoke the privilege to deny the fact of his involvement. If the client says a lawyer received/reviewed given reports, no privilege shields the lawyer from identifying himself as the person in question.

I don’t know about Baker Daniels’s or Swarbrick’s legal exposure, though I’d be surprised if the firm isn’t sued. I think the later attorney, Himsel, is in deep shit.

Replies:

The privilege belongs to the client not the lawyer - 1978Irish 2018-12-11 14:37:06
- There’s such a thing as at-issue waiver * - captaineclectic 2018-12-11 15:31:21
  - yes, but what if Jack gets married to USAG? - jt 2018-12-11 21:04:37
  - There is also no privilege for protecting ongoing criminal - 1NDGal 2018-12-11 16:57:19
    - I don't think your second paragraph is accurate or complete. * - ACross 2018-12-11 17:49:20
      - An attempt to paraphrase the 1999 compromise as reported - 1NDGal 2018-12-11 18:22:47
Required reading - ACross 2018-12-11 11:08:44
- The most irritating thing is not a legal one. - Otter 2018-12-12 10:50:52
  - Just a device to set the interrogating attorney on his heels - 1NDGal 2018-12-12 13:34:28
- Jack’s “don’t call me a liar” bristle is something else. - arch_moore 2018-12-11 20:29:49
- Mr. Little could use some CLE, it appears ... - BIGSKYND 2018-12-11 11:33:11
  - That nickname fits Kelly more than Savvy - captaineclectic 2018-12-11 14:45:15
  - You think it is Mr. Little who was out of line? - ACross 2018-12-11 11:44:14
    - Stayed on the record and called the judge, and not let - 1NDGal 2018-12-11 12:38:46
      - Some state rules state that the deposition is suspended - ACross 2018-12-11 13:05:20
    - That's my point ... - BIGSKYND 2018-12-11 11:51:07
    - Not a lawyer but it seemed that way to me. - LaughingTulkas 2018-12-11 11:47:07