Litigation; the price of incivility

Article Abstract:

Issues are discussed regarding the increasing levying of sanctions on trial lawyers found guilty of uncivil advocacy. Three 1999 cases in New York have levied sanctions against lawyers found guilty of such conduct at trial. The cases demonstrate that reliance on a professional obligation to zealously represent a client is not an excuse for uncivil conduct.

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Litigation; privileged information

Article Abstract:

Issues regarding the common interest doctrine of the attorney-client privilege are discussed. Counsel should become familiar with the doctrine's criteria in their jurisdiction before sharing privileged matter in reliance on it.

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Litigation; attorney-client privilege

Article Abstract:

The U.S. Court of Appeals for the 2d Circuit ruled against an extension of the attorney-client privilege to communications between an investment banker an an attorney researching the tax consequences of a proposed transaction in the 1999 case of United States v. Ackert. The Ackert court also reaffirmed the circuit's Kovel doctrine, which justifies granting the attorney-client privilege to client confidences relayed to an attorney via a nonclient.

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