Massachusetts Privileged and Confidential Memorandum - Pipes
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FAQ
Canadian common law recognizes the concept of privilege as a shield that protects against the mandatory disclosure of much of the communication that passes back and forth between a lawyer and their client. The privilege belongs to the client, not the lawyer, and can therefore be waived only by the client.
Litigation privilege protects, not just client communications, but communications between lawyers and third parties involved in the litigation as well. Unlike solicitor-client privilege, which has no expiry date, litigation privilege ends with the litigation.
Three types of possible privilege claims will be discussed below: solicitor-client privilege, litigation privilege and common interest privilege.
Generally, attorney?client privilege is seen as substantive law. See Republic Gear Co. v Borg-Warner Corp., 381 F. 2d 551, 555 n.
There are three means by which documents can be redacted or withheld during the privilege review process: (1) attorney-client privilege; (2) the work product doctrine; and (3) joint defense privilege, also known as common interest privilege.
This privilege is codified in California law via Evidence Code 954, which gives your attorney the right to refuse to divulge the contents of your conversation, gives you the right to require confidentiality from your attorney, and with few exceptions, makes any breach of that confidence inadmissible in court.