Publications

Illinois Bar Journal
Articles on Privileged Communications

Contacting, deposing employees of opposing parties: a how-to By Helen W. Gunnarsson January 2008 Lawpulse, Page 10 Don’t just call up your opponent’s employees, even if they’re working elsewhere. Consider first whether doing so might violate legal or ethical rules.
Attorney’s defamatory statement privilege applies to preliminary letter to employer March 2007 Illinois Law Update, Page 124 On December 22, 2006, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's dismissal of the claims against the defendant attorney because his allegedly defamatory statements were privileged and made in good faith. 
Does attorney-client privilege shield a witness’ contemporaneous personal notes? By Helen W. Gunnarsson October 2006 Lawpulse, Page 518 Probably not, according to the second district's reasoning in a recent case. 
The Vanishing Attorney/ Client Privilege By Irene F. Bahr October 2006 Column, Page 516 The ISBA must fight to protect this longstanding principle against federal encroachment.
Waiver of Privilege for Documents Inadvertently Disclosed During Discovery By Andrew N. Plasz March 2005 Article, Page 126 How do Illinois courts respond when a party claims that an inadvertently produced document is still privileged? Here's a review of the cases
Attorney-client privilege waived when the party asserting the privilege places the privileged communication directly at issue in the case January 2005 Illinois Law Update, Page 14 On November 5, 2004, the Illinois Appellate Court, Second District, affirmed in part, vacated in part, and remanded the Circuit Court of Lake County's decision to grant the defendant's discovery motion requesting access to communications between the plaintiff's husband and a medical malpractice attorney. 
Challenging the Medical Studies Act’s Peer-Review Privilege By Judy L. Cates November 2004 Article, Page 582 A plaintiff's-eye view of this important limit on discovery in med-mal cases.
An In-House Counsel’s Guide to Preserving Attorney-Client Privilege By Joseph J. Siprut November 2004 Article, Page 586 Steps company lawyer-business advisors can take to protect attorney-client privilege.
Should Lawyers Use E-mail to Communicate with Clients? By Helen W. Gunnarsson November 2004 Article, Page 572 While some lawyers are nervous about exchanging unencrypted e-mail with clients, others say just do it.
The Uniform Mediation Act: Illinois’ Newest Privilege By Sarah E. Cook and Sheryl E. Healy February 2004 Article, Page 92 A look at this new law, which should make mediation a more attractive alternative to litigation.
Client Communications 101: Learning to Listen By Karen Erger June 2003 Column, Page 313 Not listening to your clients leads to dissatisfaction and, too often, to claims.
The Department of Professional Regulation may subpoena dentists’ patient appointment calendars, but not private patient files March 2003 Illinois Law Update, Page 116 On December 5, 2002, the Illinois Supreme Court held that the Department of Professional Regulation may not subpoena a dentist's private patient files.
Attorney-Client Privilege, Corporate Clients and the Control-Group Test By Daniel J. Polatsek February 2003 Article, Page 80 An explanation of how and when the attorney-client privilege protects communications between a corporate client and a third party.
The dentist-patient privilege By Helen W. Gunnarsson February 2003 Lawpulse, Page 58 The physician-patient privilege applies to dentists, too, the supreme court rules.
New limits on attorney-client privilege for government lawyers and agency clients By Helen W. Gunnarsson August 2002 Lawpulse, Page 392 The seventh circuit holds that when federal prosecutors seek information from an agency attorney as part of a criminal investigation, the agency lawyer must talk.
The Leak-Free Office: Preventing Accidental Breaches of Confidentiality By Paul Sullivan July 2002 Column, Page 377 Are you doing all you should to make sure confidential client information stays that way in your office?
The Attorney-Client Privilege in Director and Shareholder Litigation By Frederick R. Ball October 2001 Article, Page 537 A look at when courts are willing to pierce the attorney-client privilege in director and shareholder litigation.
The Lawyer’s Journal By Bonnie C. McGrath August 2001 Column, Page 394 Name-calling brief writers get a pass; Gramm-Leach-Bliley may require lawyers to send privacy notices; and more.
The Lawyer’s Journal By Bonnie C. McGrath July 2001 Column, Page 338 Golfers in the (legal) news; capital punishment and the mentally retarded; and more.
The Lawyer’s Journal By Bonnie C. McGrath April 2001 Column, Page 166 Police can keep suspects out of their own homes; adoption by one spouse only; arbitration clauses and fee agreements; and more.