This trust is protected by what is called attorney-client privilege
Cooley successfully advised the liquidating trustee of the Mahalo Energy bankruptcy estate on defeating the claim of attorney-client privilege
asserted by counsel who previously jointly represented a Canadian energy company and Mahalo, its wholly-owned Delaware subsidiary.
Although the attorney-client privilege
has long been recognized under common law, there is no corresponding taxpayer-accountant privilege [other than a limited privilege for "tax advice" in some non-criminal matters under Internal Revenue Code (IRC) section 7525], Criminal and civil tax cases, however, often involve complex accounting principles that may necessitate the engagement of an accountant to aid the attorney in giving effective advice to the client.
12) His response did, however, set out to reassure the ABA that the NSA respected, and would continue to respect, the attorney-client privilege
Hughes that he would be reported to the state bar if he disclosed information that is protected by the attorney-client privilege
Summary: The oldest protection from disclosure for communications, the attorney-client privilege
, is sacrosanct in its purpose “to encourage clients to make full disclosure to their .
Polatsek, Partner, Katten Muchin Rosenman LLP will speak at the Knowledge Group's webcast entitled: “Legal Series 2014: The Attorney-Client Privilege
and Internal Investigations.
The Tax Court held that in a son-of-boss tax shelter case, two LLCs waived attorney-client privilege
for opinion letters from their attorneys by asserting defenses that turned on the LLCs' beliefs or state of mind.
The attorney-client privilege
is a bit like a souffle--much described and assumed, finicky, tricky and easily damaged, but a precious thing when properly created and maintained.
They should also be prepared at the outset of the risk assessment with the assistance of outside counsel to clearly document the establishment of a communications protocol that can effectively protect and carefully manage the attorney-client privilege
, and explain to all parties the rules for communication with respect to the risk assessment.
In essence, the court asserted that neither the attorney-client privilege
nor the work-product doctrine applied to reports prepared by outside counsel because the reports were created before the insurers made a "firm decision" to either approve or deny the claim, which involved $5 million in property damage and another $65 million in business interruption (BI) losses.
The various scenarios raise interesting factual questions for the traditional protections afforded to clients in the attorney-client relationship, particularly when it comes to assertion of the attorney-client privilege
or attorney work product protection.