Discovery - Class 3/4/24 Flashcards
__________ is a legal mechanism that prevents you from having to turn something over.
Privilege
___________ exist in common law, rules, and statutes.
Privileges
The bulk of primary privilege that is used in almost every state are found in the _________ of _________.
Rules of Evidence
There is no rule that talks about _____________ privilege. But it is recognized in federal law and without it you could not do your job as an attorney.
Attorney-client
Privileges come from all kinds of sources. There are hundreds of federal privileges. There is no rule book because it doesn’t exist. True or False.
True
Some privileges exist in ____ law that don’t exist in _______ law. Common example is:
Privilege and Work-Product Production
Attorney- Client
Work-Product Privilege or Exemption
Clergy- Penitent (tell something to a priest it is privileged)
Doctor-patient privilege doesn’t exist under __________ law.
State
Federal
Federal
Rule __________ provides that all relevant matters are discoverable, subject to the limitations of Rule 26(b)(2), so long as they are “no privileged.”
26(b)(1)
Rule 26(b)(1) provides that all relevant matters are discoverable, subject to the limitations of Rule 26(b)(2), so long as they are ______________.
Nonprivileged
A ___________ rule allows certain persons the right to withhold information from disclosure.
Privilege
A _____________ rule allows certain persons the right to withhold information from disclosure. These are areas where the law has recognized and protected the need for open communication in certain relationships: (spouses, clergy, psychologists, etc.)
Privilege
In Attorney-Client privilege:
_________ always owns the privilege.
Client
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
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2.
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7.
8.
- Where legal advice of any kind is sought
- From a professional legal advisor in his capacity as such,
- the communications relating to that purpose,
- Made in confidence
- By the client
- Are at his insistence permanently protected.
- From disclosure by himself or by the legal adviser,
- Except when the protection is waived
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1. ?
2.
3.
4.
5.
6.
7.
8.
- Where legal advice of any kind is sought
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2. ?
3.
4.
5.
6.
- From a professional legal advisor in his capacity as such,
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3. ?
4.
5.
6.
7.
8.
- The communications relating to that purpose
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4. ?
5.
6.
7.
8.
- Made in confidence
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5. ?
6.
7.
8.
- By the client
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5.
6. ?
7.
8.
- Are at his insistence permanently protected
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5.
6.
7. ?
8.
- From disclosure by himself or by the legal adviser
The classic definition of the attorney-client privilege from Wigmore on Evidence is as follows:
1.
2.
3.
4.
5.
6.
7.
8. ?
- Except when the protection is waived
Anybody working in the law office is governed by the privilege. True or False.
True
The __________ protects only ______________ between the attorney and client, not the information or facts underlying those communications.
Privilege
Communications
What somebody has done is __________. What somebody is about to do it ________.
Protected
Not
Only the _________ can authorize you ti break the attorney-client privilege.
Client
Attorney- Client Privilege
The client must be communicating with the attorney for purposes of securing _________ _________.
Legal advice
Attorney-Client Privilege
The attorney and the client must believe that the communication is being made in ____________.
Confidence
Attorney-Client Privilege.
The privilege must not be ____________.
Waived
Attorney- Client Privilege
The privilege exists to protect the client and can only be ___________ by the ________.
Waived by the Client
With privilege we are taking about things that are ___________.
Relevant
In order to overcome the protections of the attorney work-product doctrine, a requesting party must show both a _____________ _________ for the info and that it is not available from any other source.
Substantial need
In order to overcome the protections of the attorney work-product doctrine, a requesting party must show both a substantial need for the info and that it is _______ ____________ _________ _________ __________ _________.
Not available from any other source.
In order to overcome the protections of the attorney work-product doctrine, a requesting party must show both a “substantial need” for the info and that it is not available from any other source. In other words, it must present some solid indication that the information is ___________ to the case. The requesting party must also “demonstrate an _____________ to obtain ____________ ___________ without __________ ___________.
Important
Inability
Equivalent evidence
Undue hardship
In order to overcome the protections of the attorney-work product doctrine, a requesting party must show both a “substantial need” for the info and that it is not available from any other source. In other words, it must present some solid indication that the information is important to its case. The requesting party must also “demonstrate an inability to obtain equivalent evidence without undue hardship.” Even if the requesting party makes this showing, the “___________ ___________, ____________, ___________, or ___________ __________ of a party’s attorney” are still protected.
Mental impressions
Conclusions
Opinions
Or legal theories
Protects only communications between attorney and client (and all of the staff at the firm.) =
Protects all documents and tangible things =
Attorney- Client Privilege
Work- Product Doctrine
Communication must be made in confidence. =
Extends to material prepared by non-attorney reps (legal assistant goes out and does something). =
Attorney-client privilege
Work-product doctrine
Extends to all communications, so long as legal advice is being sought. (Emails, phone calls, text messages, etc.) =
Only extends to material prepared in anticipation of litigation or trial =
Attorney Client Privilege
Work-Product Doctrine
If privilege is established, information not discoverable unless waived by client. =
Even where it exists, can be overcome by showing of substantial need (except for mental impressions of atty). =
Attorney-Client Privilege
Work- Product Doctrine
