Card Set Information

2013-12-13 22:27:45

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  1. What are the 4 elements of attorney-client privilege?
    • Communication
    • confidential
    • between attorney-client
    • for the purpose of obtaining legal advice
  2. What two things are special about AC Privilege in civil context?
    • Don't have to disclose evidence if other side doesn't ask for it
    • Don't have to turn over records suggesting criminal activity
  3. What is the upjohn test?
    any constituent who within scope of their employment would have relevant info that the attorney was seeking
  4. 2 exceptions to AC privilege?
    • Lawyer self-protection
    • Crime-fraud
  5. What is the Zolin test?
    Court can use in camera review of material to see if privilege exists if other side presents a "reasonable person" threshold showing possible crime-fraud
  6. What are the three types of waiver?
    • selective waiver- waiver as to a particular individual
    • limited waiver- only waived as to actually disclosed communications
    • subject-matter waiver- waived privilege to every communication on same subject-matter
  7. Factors for inadvertent disclosure
    • precautions taken to prevent ID
    • time taken to rectify error
    • scope of discovery
    • extent of disclosure
    • extent of disclosure
    • "fairness"
  8. What are the 4 subparts of FRE 502?
    • (a)- disclosures inside federal proceeding- subject-matter waiver
    • (e)- make an agreeement with DOJ to keep confidential- only applies to parties unless court order
    • (d)- court can order that the privilege is not waived
    • (b)-inadvertent disclosure- traditionally waived, but courts modernizing
  9. What are the 3 subparts of FRE 502(b)
    • (1) the disclosure is inadvertent
    • (2) the holder of the privilege took reasonable steps to prevent disclosure
    • (3) holder promptly took reasonable steps to rectify the error