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Legal Professional Privilege
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Book Synopsis Legal Professional Privilege by : Jonathan Auburn
Download or read book Legal Professional Privilege written by Jonathan Auburn and published by Hart Publishing. This book was released on 2000-07-14 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Auburn, who has practiced and published in the areas of commercial law and evidence in both England and Australia, explores the principles underlying legal professional privilege and argues that we should be more skeptical of the claims made of the privilege and give more weight to the values underlying the disclosure of evidence. Takes a Commonwealth-wide approach, covering the law of England, Australia, Canada, New Zealand, and South Africa, as well as drawing on relevant principles from European and US law. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis The Law of Privilege by : Bankim Thanki
Download or read book The Law of Privilege written by Bankim Thanki and published by Oxford University Press, USA. This book was released on 2011-08-18 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing solutions to specific issues which regularly arise in practice, this practical guide gives detailed and up to date coverage of all key aspects of privilege including legal advice privilege, joint and common interest privilege, and the privilege against self-incrimination as they apply to litigation and non-litigation situations.
Book Synopsis Solicitors Disciplinary Tribunal by : Nigel West
Download or read book Solicitors Disciplinary Tribunal written by Nigel West and published by The Law Society. This book was released on 2016-02-18 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.
Book Synopsis Practitioner's Guide to Global Investigations by : Judith Seddon
Download or read book Practitioner's Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Attorney-Client Privilege Answer Book by : Christopher S. Ruhland
Download or read book Attorney-Client Privilege Answer Book written by Christopher S. Ruhland and published by . This book was released on 2016-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney-Client Privilege Answer Book provides, in a Q&A format, clear answers to the questions that attorneys grapple with on a regular basis as to what is, or is not, covered by the attorney-client privilege.
Book Synopsis Legal Professional Privilege for Corporations by : Andrew Higgins
Download or read book Legal Professional Privilege for Corporations written by Andrew Higgins and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.
Book Synopsis The Attorney-client Privilege and the Work-product Doctrine by : Edna Selan Epstein
Download or read book The Attorney-client Privilege and the Work-product Doctrine written by Edna Selan Epstein and published by American Bar Association. This book was released on 2007 with total page 1532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.
Download or read book Privilege written by Colin Passmore and published by . This book was released on 2017-12-31 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of this highly practical book examines privilege in all its aspects in terms which will appeal to the practitioner and academic alike. The author's explanation of the subject is both detailed and analytical, providing the reader with a definitive, comprehensive and expertly written account. Explains the law of legal advice and litigation privilege in all its aspects Goes through the core principles of legal professional privilege, including its rationale and the nature of the right Looks at what constitutes privilege Identifies situations where privilege occurs Examines the boundaries of privilege Covers the circumstances when privilege is deemed to be lost Considers in detail `advice privilege¿ and `litigation privilege¿, covering the essential elements of both, the distinction between the two and matters specific to each such as the client-lawyer relationship, confidential communications and third party communications for `advice privilege¿, and legal proceedings, expert witnesses, witness statements, and criminal proceedings for `litigation proceedings¿ Assesses whether a documentary communication which was not made in privileged circumstances can subsequently to subject to legal professional privilege Deals with the consequences where the subject matter of a privileged communication is one in which two or more persons can establish a joint or common interest Addresses the general principles underlying the `crime-fraud exception¿¿, how it applies in both civil and criminal proceedings and the grounds on which it can be invoked Shows how a claim to privilege is made in civil litigation, when it can be challenged, the circumstances in which a court will exercise its right to inspect documents of which the claim to privilege is made and what happens when an order for production is made in respect of materials which are privileged in part only Takes into account the without prejudice privilege and how it differs from legal professional privilege Analyses key judgments which have established the principles of privilege
Book Synopsis Attorney-client Privilege in International Arbitration by : Annabelle Möckesch
Download or read book Attorney-client Privilege in International Arbitration written by Annabelle Möckesch and published by Oxford International Arbitrati. This book was released on 2017 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is based on a dissertation that was generously supported by the International Max Planck Research School on successful dispute resolution in International law, a research school organized by Heidelberg University and the Max Planck Institute for comparative public law and International law in Heidelberg."
Book Synopsis The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings by : Lorena Bachmaier Winter
Download or read book The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings written by Lorena Bachmaier Winter and published by Springer Nature. This book was released on 2020-06-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.
Book Synopsis Solicitor-Client Privilege by : Adam Dodek
Download or read book Solicitor-Client Privilege written by Adam Dodek and published by . This book was released on 2014-03 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it."--pub. desc.
Book Synopsis Legal Professional Privilege by : Colin Liew
Download or read book Legal Professional Privilege written by Colin Liew and published by . This book was released on 2020 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Professional Privilege in Australia by : Ronald J. Desiatnik
Download or read book Legal Professional Privilege in Australia written by Ronald J. Desiatnik and published by . This book was released on 2005 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Legal Professional Privilege in Australia" provides a detailed and scholarly coverage of all aspects of the doctrine of legal professional privilege. The text updates and brings together all the important aspects of the doctrine and all substantive decisions thereon, in a readable fashion rather than a bare and dry exposition. It covers the doctrine both at common law and as set out in the Evidence Act 1995, including its qualifications and exceptions thereto, and closely examines the associate and complex doctrine of waiver of the privilege. It also cites numerous cases to provide detailed illustrations of the application of the doctrine.
Book Synopsis Professional Secrecy of Lawyers in Europe by : Barreau de Bruxelles
Download or read book Professional Secrecy of Lawyers in Europe written by Barreau de Bruxelles and published by Cambridge University Press. This book was released on 2013-05-16 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of the scope and limitations of professional secrecy in the European Union, the European Economic Area and Switzerland.
Book Synopsis Privilege and Punishment by : Matthew Clair
Download or read book Privilege and Punishment written by Matthew Clair and published by Princeton University Press. This book was released on 2022-06-21 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Book Synopsis Ten Things You Need to Know as In-house Counsel by : Sterling Miller (Lawyer)
Download or read book Ten Things You Need to Know as In-house Counsel written by Sterling Miller (Lawyer) and published by ABA Publishing. This book was released on 2017 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[The author] shares his insights, anecdotes, strategies, and practical tips learned from his 20+ years of experience as in-house counsel, general counsel, corporate secretary, and chief compliance officer. As author of the popular blog, 'Ten things you need to know as in-house counsel, ' Miller provides quick points that you can use in your everyday practice ... Whether you are new to an in-house department or a long-term veteran, the general counsel or just a basic contract lawyer, Ten Things You Need to Know as In-House Counsel provides you with guidance on: how to be a successful in-house counsel; being more productive every day; drafting documents and emails; how to negotiate; effectively managing outside counsel fees; trade secrets and protecting your company; dealing with the Board of Directors; preparing for when bad things happen; analyzing risk; and much more."--
