LexisNexis® Legal Newsroom
Bowman on Representing the Entity Client: A matter governed by Hawaii Rules of Professional Conduct 1.13

Hawaii Rule of Professional Conduct 1.13, Organization as client, guides lawyers whose rendition of professional legal services to organizational clients. In this commentary Addison M. Bowman addresses the identity of the client, the question of joint representation, the rule of client-lawyer privilege...

Laskin on Textron: Accrual Work Papers and Attorney Work Product Doctrine

The United States Court of Appeals for the First Circuit, sitting en banc, has ruled that tax accrual work papers, prepared by a publicly-traded corporation to produce financial statements which are certified by an independent auditor pursuant to federal securities requirements, are not protected from...

Vespole on Employee E-Mails through Personal Email Account Protected by Attorney-Client Privilege

What should an attorney do if, in the course of forensic preservation of electronic discovery for a pending lawsuit, communications between a former employee and his attorney regarding the very same lawsuit are discovered? According to Stengart , regardless of the existence or specific text of a published...

Lauer on Hotlines and the Role of Privileged Communications

Read Steve Lauer's analysis on how the confidentiality that often attaches to reports received over a corporate whistleblowing hotline, on account of legal requirements or by virtue of a corporate policy or practice, does not equate with either the Attorney-Client Privilege or the Attorney Work Product...

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...