Checking Your Privilege, Part 2: Attorneys and Clients Can Sorta Talk Openly

Alright folks, so the last time we did this shit it was discussing the concept of a “privilege” in an evidentiary setting. I ran through the basic concepts of what a privilege is, how it must be asserted, who holds the privilege, and the effect of a partial waiver of the privilege. The general idea to take away from all that is there are these things called privileges that allows you to bitchslap the other side when they start coming after that sweet, sweet information they so desperately want, be it during trial or in the hell that is discovery.

Today we’re gonna go a little more in depth and talk about the Attorney-Client Privilege, what it means, and how it is asserted, as well as how you, as the shitheel lawyer in charge of the case, can try to keep that shit from getting into the fucking record in the first place. But first, a war story.

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Checking Your Privilege, Part 1: What is a Privilege?

Recently the ABA Journal, and just about every other news outlet that follows the swampish shit-show that is D.C., reported on the fact that Paul Manafort’s lawyer was compelled to testify regarding the work they did for their client. For laymen, this doesn’t mean much. I mean, a lawyer was used to commit a crime, and therefore it’s fine for the lawyer to be compelled to testify. Shit, it isn’t even that surprising for lawyers either, is it?

So, for the next two days I’m gonna talk a little about evidentiary privileges: What they are, how to assert them, how to be careful with them, and finally, a couple of common privileges you should look out for in your case.

So let’s get started, eh?

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Waiving Privilege: A Discovery War Story

So yesterday was a snow day for me, which meant I got to sit at my kitchen table and review my case files over and over again, churning out the billables in the comfort of my home and a pair of fleece pajamas with fucking labs on them. It was pleasant. I enjoyed it.

As part of reviewing my case files, though, I also ended up reviewing some discovery production that was going out soon, an electronic copy of which I’d uploaded to a secured cloud server so I can be a redacting fool from anywhere in the world. Most lawyers hate going through discovery production to the opposing party, and I’ll admit it’s a pretty big pain in the ass. It takes forever and can suck away entire days. Hell, that’s why big firms hire doc reviewers and first year associates to sit around and do nothing but obsess over what’s in each and every document.

Me, however? I like to do it all myself when possible, because what you produce in discovery to an opposing party can seriously fuck your case up, and I’m the type of guy who, at the end of the day, believes the buck stops with me and nobody else. I learned this from my boss, who from day one has made it very clear that on each and every one of his cases, the buck stops with me and nobody else.

So let’s talk about that, how trusting your case to someone else can seriously fuck you over and why it may be worth your time to go through the documents your own goddamn self.

I’m gonna tell you fucktards a story to illustrate my point today, so gather round children.

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