Testimonial Privileges

Question 1

atty client relationship - corporate clients

Answer 1

corporations are clients and statements made by corporate officials or employees to an atty are protected if the employees were authorized or directed by the corp to make such statements

Question 2

atty client priv - communications through agents

Answer 2

comms made to 3rd persons are confidential and covered by the privilege if necesssary to transmit info between the atty and client (so if an atty gets a dr to exam clietn at attys reuest, atty client privilege will apply as long as dr is not called as testifying expert)

Question 3

limitations on waiver of atty - client privilege and work product rule

Answer 3

undisclosed privileged material is subject to waiver only if 1) the waiver was intentinal 2) the disclosed and undisclosed material concern the same subject matter and 3) the material should be considered together to void unfairness