Publications

Articles on Privileged Communications

Beware the Differences in Illinois and Federal Attorney-Client Privileges, Work Product Doctrines

By Timothy J. Miller and Andrew P. Shelby
November
2017
Article
Page 38
There are only a few ways in which Illinois and federal courts apply attorney-client privilege and the work-product doctrine differently, but those differences could be game-changing for your lawsuit.

Accountant holds accountant-client privilege, which is not subject to testamentary exception

June
2015
Illinois Law Update
Page 16
On March 19, 2015, the Illinois Supreme Court held that the accountant-client privilege in the Public Accounting Act is held by the accountant and is not subject to the testamentary exception.

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.

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