Evidence-Wellborn SU2006 Outline

In schwimmer the consulting expert may have been

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Unformatted text preview: eged. "When the defense counsel removes or alters evidence discovered through a privileged communication, the attorney-client privilege does not bar revelation of the evidence's location or condition." o Had the attorney left the receipts in their original location, he could have claimed the privilege and refused to disclose Clutchette's communication to him about the receipts to the authorities. A preexisting document, if discoverable in the hands of the client, like physical evidence, does not partake of the privilege by virtue of being transferred to the lawyer! UPJOHN CO. v. UNITED STATES [Lawyer-Client Privilege: Representative of the Client; Relation to WorkProduction Protection] Facts: Upjohn manufactures and sells pharmaceuticals in U.S. and abroad Was found that one of Upjohn's foreign subsidiaries made payments to or for the benefits of foreign gov. officials to secure gov. business. Upjohn's general counsel was informed of these payments, and he consulted with outside counsel and the chairman of the board. Decided that company would conduct an internal investigati...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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