Attorney-client Privilege Research Articles

People v. Meredith: The Attorney-Client Privilege and the Criminal Defendant's Constitutional Rights

People v. Meredith: The Attorney-Client Privilege and the Criminal Defendant's Constitutional Rights

Stuffing the Rabbit Back into the Hat: Limited Waiver of the Attorney-Client Privilege in an Administrative Agency Investigation

Stuffing the Rabbit Back into the Hat: Limited Waiver of the Attorney-Client Privilege in an Administrative Agency Investigation

The Ethics of Corporate Lawyers: A Sociological Approach

The American Bar Association is considering a revision of its Code of Professional Responsibility. One revision deals specifically with lawyers whose clients are organizations; it attempts to delineate the ethical responsibilities of such lawyers when they discover an employee or a member of one of their clients is engaged in wrongdoing on the organization's behalf. Because the proposal suggests that corporate counsel may be justified in public disclosure of the wrongdoing when the organization itself fails to rectify the problem, it has sparked much controversy in the profession and much speculation as to whether and when corporate counsel will “blow the whistle.” The article offers a sociological perspective on the act of a corporate counsel's public disclosure of organizational wrongdoing. The act of disclosure is treated as a social behavior, the likelihood of which is increased or decreased by a number of factors including the attorney's awareness of the wrongdoing, the attorney's orientations to the larger profession, the structure of the professional practice setting within which the counsel is located, and the supports for disclosure offered by the legal profession through its formal organizations. These factors are described and then combined into a general predictive model of disclosure by corporate counsel. A concluding discussion of the general ramifications of the proposed revisions focuses on the social implications of the attorney-client privilege, in which the client is as unique an actor as is the large organization.

The Attorney-Client Privilege after Attorney Disclosure

The Attorney-Client Privilege after Attorney Disclosure

Obstacles to the Study of Lawyer-Client Interaction: The Biography of a Failure

This paper reports on an attempt by an interdisciplinary team to observe and record on tape lawyer-client interaction in the metropolitan Boston area in 1975-77. Current pressure for greater accountability to the public on the part of the legal profession makes the empirical, observational study of lawyer-client relations a timely, important topic. Despite the investment of much time and energy in creating conditions suitable for such a study, the project team failed to gain access to private lawyer-client encounters. The goal of the paper is to try to account for this failure, to analyze the nature of the obstacles encountered, and to stimulate speculation on how these obstacles might be overcome in the future. It is suggested that the doctrine of attorney-client privilege is the major obstacle which researchers must overcome. The idea of paying attorneys for their cooperation is also considered.

The Attorney-Client Privilege: Fixed Rules, Balancing, and Constitutional Entitlement

The Attorney-Client Privilege: Fixed Rules, Balancing, and Constitutional Entitlement

United States: District Court for the District of Columbia Decision in United States v. Covington & Burling (Inspection of Documents under the Foreign Agents Registration Act; Attorney-Client Privilege)

United States: District Court for the District of Columbia Decision in United States v. Covington & Burling (Inspection of Documents under the Foreign Agents Registration Act; Attorney-Client Privilege)

Evidence: Privileged Communications: The Attorney-Client Privilege in the Corporate Setting: A Suggested Approach

Evidence: Privileged Communications: The Attorney-Client Privilege in the Corporate Setting: A Suggested Approach

Attorney-Client Privilege for Corporate Clients: The Control Group Test

Attorney-Client Privilege for Corporate Clients: The Control Group Test

Evidence: "Good Cause" Held to Defeat the Attorney-Client Privilege When a Corporation Is Sued by Its Shareholders

Evidence: "Good Cause" Held to Defeat the Attorney-Client Privilege When a Corporation Is Sued by Its Shareholders

The Attorney-Client Privilege in Shareholders' Suits

The Attorney-Client Privilege in Shareholders' Suits

Attorneys: Attorney-Client Privilege and Work Product Doctrine Held Inapplicable to Prevent Disclosure of Expert Appraisal Report Prepared for Estate Tax Return

Attorneys: Attorney-Client Privilege and Work Product Doctrine Held Inapplicable to Prevent Disclosure of Expert Appraisal Report Prepared for Estate Tax Return

Evidence. Attorney-Client Privilege. Trial Attorney's Testimony That Convicted Former Client Appeared Mentally Competent to Stand Trial Is Not Barred

Evidence. Attorney-Client Privilege. Trial Attorney's Testimony That Convicted Former Client Appeared Mentally Competent to Stand Trial Is Not Barred

A Note on Negro Alienation

Previous articleNext article No AccessCommentary and DebatesA Note on Negro AlienationDaniel N. GordonDaniel N. Gordon Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by American Journal of Sociology Volume 70, Number 4Jan., 1965 Article DOIhttps://doi.org/10.1086/223882 Views: 5Total views on this site Citations: 6Citations are reported from Crossref PDF download Crossref reports the following articles citing this article:Julie De Coninck, Bart Du Laing Comparative Law, Behavioural Economics and Contemporary Evolutionary Functionalism, SSRN Electronic Journal (Jan 2009).https://doi.org/10.2139/ssrn.1445287Ashley E. Wroten The Erosion of the Attorney-Client Privilege in the Wake of Sarbanes Oxley and Other Conflicting Duties Facing Corporate Counsel, SSRN Electronic Journal (Jan 2009).https://doi.org/10.2139/ssrn.1703576William W. Philliber, William S. Fox Effects of socioeconomic status and perceived affluence on anomia, Sociological Spectrum 2, no.22 (Jul 2010): 123–132.https://doi.org/10.1080/02732173.1982.9981658Wen H. Kuo Immigrant/Minority Status and Alienation, Sociological Focus 11, no.44 (Oct 1978): 271–287.https://doi.org/10.1080/00380237.1978.10570324Mary Hanemann Lystad Social Alienation: A Review of Current Literature, The Sociological Quarterly 13, no.11 (Dec 2016): 90–113.https://doi.org/10.1111/j.1533-8525.1972.tb02107.xMary Hanemann Lystad Social Alienation: A Review of Current Literature, The Sociological Quarterly 13, no.11 (Dec 1971): 90–113.https://doi.org/10.1111/j.1533-8525.1971.tb01834.x

The Challenges to the Attorney-Client Privilege

The Challenges to the Attorney-Client Privilege

Privileged Communications. Attorney and Client. A Corporation May Not Invoke the Attorney-Client Privilege. Radiant Burners, Inc. v. American Gas Ass'n (N. D. Ill. 1962)

Privileged Communications. Attorney and Client. A Corporation May Not Invoke the Attorney-Client Privilege. Radiant Burners, Inc. v. American Gas Ass'n (N. D. Ill. 1962)

Federal Civil Procedure: Discovery: Availability of Attorney-Client Privilege to Corporations

Federal Civil Procedure: Discovery: Availability of Attorney-Client Privilege to Corporations

Evidence: California Law as to Scope of Attorney-Client Privilege Held Applicable in Federal Non-Diversity Proceeding

Evidence: California Law as to Scope of Attorney-Client Privilege Held Applicable in Federal Non-Diversity Proceeding

Evidence. Attorney-Client Privilege. Attorney Privileged from Identifying Anonymous Clients Who Employed Him to Forward Sums in Payment of Past Taxes Believed Due, but Not under Investigation by Government

Evidence. Attorney-Client Privilege. Attorney Privileged from Identifying Anonymous Clients Who Employed Him to Forward Sums in Payment of Past Taxes Believed Due, but Not under Investigation by Government

Assertion of the Attorney-Client Privilege to Protect the Client's Identity

Assertion of the Attorney-Client Privilege to Protect the Client's Identity