Evidence-Wellborn SU2006 Outline

O unknown eavesdropper cannot testify as to otherwise

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Unformatted text preview: r attorney client privilege: Person with the privilege has to have authority to obtain legal services on behalf of the corporation, hire a lawyer, obtain advice, and act on it w/o having to go higher up Pretty small group of individuals, chairman of the board, the CEO, the vice president and general counsel, perhaps some other vice presidents and that's it. Attorney-client privilege. o Everybody else protected by work-product...but can be overcome by showing of need! work product doesn't come into play until there is upcoming litigation Upjohn adopts scope of employment test: o Control group + if communication is made in confidence, and contains a matter within the scope of the employer's business and he is directed to do it expressly or impliedly by his superiors. Texas adopted control group considered UpJohn and rejected it....attorney client privilege extends only to control group in Texas! Control group = people with the authority to obtain legal services on behalf of the corporation without having to go higher up! UNITED STATES v, SCHWIMMER [Lawyer-Client Privilege: Representative of the Lawyer; Joint Defense (Common Interest)] Facts: Two guys being investigated for this fraud Each have their own lawyer Attorneys hired an accountant to analyze the financial transactions in which their clients had engaged. Schwimmer's lawyer met with the accountant from time to time and told his client to speak fre...
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