Evidence-Wellborn SU2006 Outline

And here the client calls this lawyer hes seeking or

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Unformatted text preview: ely with the accountant and that it would be protected by the attorney-client privilege. Procedural Posture: In his testimony before the grand jury the accountant repeatedly invoked the attorney-client privilege when questioned concerning the records he examined, the work papers he prepared, and the analyses he formulated for the attorneys providing the joint representation. Assistant United States attorney required Glickman to hand over the schedules he had prepared for his clients. Issue: Holding: Were the schedules protected by the lawyer-client privilege? The common interest rule is applicable here, since the information given by Schwimmer to the accountant was imparted in confidence for the ultimate purpose of assisting attorneys who had agreed upon and undertaken a joint strategy of representation, all of which was well understood by Schwimmer. Notes: Representative of the lawyer: Obvious representatives of the lawyer: Secretaries, legal staff, paralegals etc. Consulting experts: In control group situations, it is important that the lawyer hires the consulting expert. In Schwimmer, the consulting expert may have been hired by...
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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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