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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