Tuesday, July 26, 2011

Bibliography of recent scholarship on the legal profession - Part 6 on Privilege and the Attorney-Client Relationship

The sixth installment from Bobby Click, Recent Law Review Articles Concerning the Legal Profession, 35 J. Legal Prof. 173 (2010). Part 1 of this biblio can be found here, Part 2 here, Part 3, here, Part 4, here and Part 5, here.

6. Privilege and Attorney Client Relationship

Noah P. Barsky, Anthony H. Catanach, Jr., Ilya A. Lipin & Shelley C. Rhoades-Catanach, Protecting a Client's Confidences: Recent Developments in Privileged Communication Between Attorneys and Accountants, 28 J.L. & COM. 211 (2010). This article examines how recent cases have affected privileged communications in tax and transactional matters between attorneys and accountants who have been retained for the purposes of client representation.

Anthony Francis Bruno, Preserving Attorney-Client Privilege in the Age of Electronic Discovery, 54 N.Y.L. SCH. L. REV. 541 (2010). This article provides an overview of the history of the attorney-client privilege and discusses the unique problems electronic discovery has created in the area of the attorney-client privilege.

Katrice Bridges Copeland, Preserving the Corporate Attorney- Client Privilege, 78 U. CIN. L. REV. 1199 (2010). This article argues for the necessity of legislation such as Attorney-Client Privilege Protection Act in order to protect the corporate attorney-client privilege. However, the author contends the Act or any similar legislation must include remedies for violations in order to be effective.

Keith Kendall, The Economics of the Attorney-Client Privilege: A Comprehensive Review and a New Justification, 36 Ohio N.U. L. Rev. 481 (2010).

Gregory C. Sisk, Pamela J. Abbate, The Dynamic Attorney-Client Privilege, 23 GEO. J. LEGAL ETHICS 201 (2010).  [*183] 

Elizabeth King, Waving Goodbye to Waiver? Not So Fast: Inadvertent Waiver of the Attorny-Client Privilege, and Federal Rule of Evidence 502, 32 CAMPBELL L. REV. 467 (2010). This article explores Federal Evidence Rule 502, in respect to waiver of the attorney-client privilege through inadvertent disclosures. The article focuses mainly on the application of Rule 502 to inadvertent disclosures made through electronic discovery.

Jean Fleming Powers, Comparing Exceptions to Privilege and Confidentiality Relating to Crime, Fraud, and Harm - Can Hard Cases Make Good Law?, 79 UMKC L. REV. 61 (2010).

David B. Wilkins, Team or Rivals, Toward a New Model of the Corporate Attorney-Client Relationship, 78 FORDHAM L. REV. 2067 (2010).



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