Summary: Al Nashiri's entire defence team quit late last year in a dispute over whether their attorney-client communications
were subject to monitoring
When the government has obtained attorney-client communications
, Robinson is bound by th Circuit precedent to inquire whether the government acted intentionally, Brannon said.
65) Generally, any such waiver is limited to the attorney-client communications
on the matter disclosed or at issue.
may defer its ruling (or its decision as to the identity of the persons to be sanctioned) until final resolution of the case in order to avoid immediate conflicts of interest and to reduce the disruption created if a disclosure of attorney-client communications
is needed to determine whether a violation occurred or to identify the person responsible for the violation.
and attorney work product (i.
usually aren't subject to disclosure under Oregon's public records law, but Brown's office said those emails were incorrectly labeled as privileged communications.
6) Despite notifying the NSA that the contents of the communications appeared to be privileged attorney-client communications
, the Directorate continued covering the communications between the law firm and its client, "providing highly useful intelligence for interested US customers" (7) after receiving guidance from the American agency.
Simply put, if a taxpayer raises a defense that can be effectively disproven only through the discovery of attorney-client communications
, the taxpayer impliedly waives attorney-client privilege.
See, for example,a 3rd Circuit ruling from 2012 that required a "reasonable basis to suspect that the privilege holder was committing or intending to commit a crime or fraud and that the attorney-client communications
or attorney work product were used in furtherance of the alleged crime or fraud," and a 5th Circuit ruling from 2005 requiring the excepting party to show "factual basis adequate to support a good faith belief by a reasonable person.
The agency is barred from sharing with prosecutors intercepted attorney-client communications
involving someone under U.
Managing this threat begins with identifying the risk and educating underwriting and claims personnel to understand that even attorney-client communications
may be the subject of discovery.
Information normally considered to be protected from discovery includes attorney-client communications
and documents created by or for the attorney in preparation for litigation.