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attorneyclient privilege or lawyerclient privilege is a "client's right privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." 1, the attorneyclient privilege is one of the. Importantly, the winding up of their affairs often involves the pursuit of claims against debtors or the defense of the corporation against creditors. Solomon said when youre Trumps lawyer and you hear how the FBI basically gave up at points in its investigation into Hillarys server when someone invoked attorney-client privilege, its easy to see why they think theres a double standard. Other courts, however, have held that the privilege ceases along with operations, even prior to complete dissolution. If the client threatens to harm someonefor instance, a witness, attorney or judgethe lawyer may have to report the threat. He was the vendor and yet the FBI said okay we just wont ask you about that and walked away. This is justified on policy grounds. In such circumstances, the defunct corporation would be entirely unrepresented. 343 (1985 that the right to assert privilege transferred from management to the trustee appointed during Chapter 7 bankruptcy proceedings. Note, however, that many courts distinguish present from future intent, and are more likely to apply the exception where the intent is current. How can you have attorney-client privilege?
Lawyers may also breach the duty where they are defending themselves against disciplinary or legal proceedings. Mandatory Disclosure, if the crime-fraud exception applies, the prosecution can subpoena the attorney and force him to disclose the contents of the communication in question. United States, 306.2d 633, 637 (2d Cir. In situations where new management or a trustee decides to waive privilege, those individuals have duties to the corporation and are charged with acting in its best interest. Regardless of whether Wetticks decision. The principal area of disagreement among courts concerns an issue not present.
Attorney - Client Privilege