Attorney Client Privilege For Consultants In Utah
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Generally, the work product doctrine will shield an attorney's mental impressions, conclusions, opinions, and legal theories and thus ensure that counsel's trial strategy will not be compromised in the discovery process.
The work-product doctrine is a judicially created doctrine now codified in Utah Rule of Civil Procedure 26(b)(5). The work-product doctrine protects documents that are prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative.
§ 78B-1-137 (2) (“An attorney cannot, without the consent of the client, be examined as to any communication made by the client to the attorney or any advice given regarding the communication in the course of the professional employment.”); see also Utah R. Evid. 504 (defining the scope of “lawyer-client” privilege).
The work product doctrine is a vital component of California law that safeguards the attorney-client relationship and ensures that attorneys can effectively prepare for litigation.
¶ 3 Under Rule 1.6(a) of the Utah Rules of Professional Conduct, “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).” ...
Ordinary work product is documents or facts outside of the attorney's mental impressions. An example of ordinary work product is a bank statement.
Four Practical Tips for Protecting the Attorney-Client Privilege,... CLEARLY IDENTIFY PRIVILEGED COMMUNICATIONS. PRIVILEGE RULES OUTSIDE THE US ARE DIFFERENT. USE CAUTION WHEN COMMUNICATING WITH OUTSIDE DIRECTORS. IN-HOUSE COUNSEL SHOULD CAREFULLY CONSIDER THE RISKS OF SIGNING AFFIDAVITS OR SWORN STATEMENTS.
The purpose of the attorney-client privilege is to encourage clients to communicate freely with their attorneys, which enables attorneys to provide the best legal advice.