Publications

Section Newsletter Articles on Privileged Communications

Email: Why can’t I keep my free account? By Carl R. Draper Employee Benefits, April 2018 We have ethical obligations now to be competent at use of technology, and free e-mail has far fewer expectations of privacy and protection from the service provider than paid subscriptions.
Fiduciary-duty exception to the attorney-client privilege: A potential tool for beneficiaries in difficult situations By Allison M. Huntley Civil Practice and Procedure, September 2015 Illinois appellate courts have yet to fully embrace one powerful exception to the attorney-client privilege: the fiduciary-duty exception.
Hey, you—Stay out of the cloud By Charles Hutchinson Law Office Management and Economics, Standing Committee on, September 2014 Are an attorney's files ever really secure in a cloud-based account?
Practical implications and contours of the will contest exception to the attorney-client privilege By Jacob Frost Trusts and Estates, August 2011 The practitioner’s awareness of the Will contest exception to the attorney-client privilege is merely the first step among several in responding to a discovery request for otherwise privileged information.
Attorney-client privilege in corporate internal investigations By Beth L. Fancsali and Paul Olszowka September 2008 Corporations face increased burdens and deeper pitfalls in a more public environment.
Privilege causes family feud By Sandra Rubin Business Advice and Financial Planning, December 2007 In this era of corporate transparency, protecting sensitive legal communications is becoming a tricky business.
E-Mail and the Attorney-Client Privilege: In re County of Erie By Patrick T. Driscoll, Jr. and Patricia M. Fallon Government Lawyers, September 2007 In re County of Erie, 473 F.3d 413 (2d Cir. 2007), involved a class action lawsuit brought by a group of arrested individuals who alleged they were subjected to unconstitutional strip searches.
Do you know and practice the Upjohn warning? By Peter LaSorsa Corporate Law Departments, March 2006 In 1981, the United States Supreme Court, in Upjohn Co. v. United States, outlined important criteria for corporate counsel to utilize when determining the applicability of attorney-client privilege in connection with interviewing an employee of the corporation.

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