work product privilege Archives - Legal Ethics Advisor

work product privilege

DC Circuit Upholds Corporation’s Attorney-Client Privilege in Mixed Purpose Communications

by Spencer Booth in Attorney Client Privilege I, Attorney Client Relationship, business purpose, corporations, Legal Services, work product privilege. Posted July 5, 2018

A federal appellate court has reaffirmed a major 2014 ruling that has made it easier for corporations to keep communications between executives and in-house lawyers privileged. Circuit

Florida Contemplates Fee Sharing with Out of State NonLawyers

by Daniel Celaya in Attorney Fees, Attorneys Fees, Bar Opinions, Ethics Opinion, Legal Services, Outsourcing, Professionalism, Uncategorized, work product privilege. Posted August 8, 2017

A proposed advisory opinion by The Florida Bar's Professional Ethics Committee addresses fee-splitting with out-of-state lawyers when the out-of-state lawyer practices in a law firm with nonlawyer ownership. Contemplates

Work-Product Protection in Full Force

by Daniel Celaya in Featured, work product privilege. Posted March 29, 2017

The U.S. Court of Appeals for the Third Circuit held that evidence of a client thinking about using a lawyer’s advice to cover up a money-laundering scheme was not enough to defeat work- product protection.

Disclosure of Investigatory Documents to the SEC Does Not Waive Privilege

by Noelia Vaccaro in common interest, waiver, work product, work product privilege. Posted December 29, 2016

A company’s sharing of documents with the Securities and Exchange Commission (“SEC”) does not necessarily waive the company’s work product protection in a subsequent class action. Disclosure

[…] of a non-binding advisory opinion, as has been the case with other jurisdictions such as, Florida, San Francisco, and Delaware, it is important to note that Ohio went a step further and amended its rule regarding […]

Remote Lawyering: New Jersey and Ohio On Board - Legal Ethics Advisor on Remote Work: San Francisco Bar Association Advice in Ethics Opinion 2021-1
Not all jurisdictions have adopted the Model Rule version of the choice of law rule; seems like there might be a different result in at least some of those states. See, e.g., NY RPC 8.5(b)(2)(i) ("If the lawyer is licensed to practice only in this state, the rules to be applied shall be the rules of this state").

Art Lachman on ABA Opinion 499 Green Lights Lawyers’ Passive Investment in Firms with NonLawyer Ownership

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