Rabiej on Why Lawyers Should Routineline Request 502d Confidentiality Order

A court order under FRE 502(d) protects a party from the threat of waiving the attorney-client privilege or work-product protection when privileged or protected information is disclosed. Few requests for the court order have been reported, because the bench and bar are unfamiliar with the new rule (enacted...

Gholz on When Does Reliance on Attorney Diligence Waive the Attorney-Client Privilege

In July 2005, an article entitled "Does Reliance on Attorney Diligence Waive the Attorney-Client Privilege?" discussed a decision in Ginter v. Benson , Int. Nos. 105,142 and 105,193. The panel of the trial section acknowledged the importance of the question but ultimately declined to answer...