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The crime–fraud exception can render the privilege moot when communications between an attorney and client are themselves used to further a crime, tort, or fraud. In Clark v. United States , the U.S. Supreme Court stated that "A client who consults an attorney for advice that will serve him in the commission of a fraud will have no help from ...
The privilege encourages open and honest communication between clients and attorneys. However, in the United States, not all state courts treat attorney communications as privileged. For instance, Washington state law and the federal courts in applying federal law protect client only communications; an attorney's communication is protected as ...
The issue of a reporter's privilege came to the forefront of media attention in the 2005 case In re Miller, involving reporters Judith Miller and Matthew Cooper.Miller and Cooper were both served with grand jury subpoenas for testimony and information, including notes and documents pertaining to conversations with specific and all other official sources relating the Plame affair.
It is also known as the work-product rule, the work-product immunity, the work-product exception, and the work-product privilege, though there is debate about whether it is truly a "privilege." [ 2 ] This doctrine does not apply in other countries, where such communications are not protected, but where the legal discovery process itself is much ...
One well-known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. [ 1 ]
Privileged communications are a subset of confidential communication. Nonetheless, loss of privilege does not necessarily automatically destroy the duty to confidentiality if it has arisen independently of the privilege. Finally, privileged information is protected from compulsory disclosure, unless abrogated by statute or waived.
Some U.S. Food and Drug Administration scientists have been told to stop using the words "woman," "disabled" and "elderly" in external communications, two sources familiar with the matter said ...
Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from condemning, or being condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their ...