Chapter 4
CLIENT
| §4:1 | Generally |
| § 4:2 | Generally |
| § 4:3 | Generally |
| § 4:4 | --Inhouse Counsel Consulting With Outside Counsel |
| § 4:5 | --Attorneys Within the Same Firm Consulting Among Themselves |
| § 4:6 | Generally |
| § 4.7 | --The Last Link or Probative Link Error |
| § 4:8 | Generally |
| § 4:9 | Generally |
| § 4:10 | Should the Attorney-Client Privilege Be Available to the Corporation? |
| § 4:11 | To Whose Communications Does the Privilege Extend--Who Personifies the Corporate Client? |
| § 4:12 | --The Control Group Test |
| § 4:13 | --Problems With the "Control Group" Test |
| § 4:14 | --The "Subject Matter" Test--The Alternative to the Restrictive Control Group Test |
| § 4:15 | Knowledge That Legal Advice Was Sought |
| § 4:16 | Interviewing Corporate Employees: An Ethical Restriction |
| § 4:17 | Applicability of the Corporate Attorney-Client Privilege to Communications With Present Employees About Matters Predating Their Employment |
| § 4:18 | --Applicability of the Corporate Attorney-Client Privilege to Communications With Former Employees |
| § 4:19 | The Status of Outside Agents/Independent Contractors Relative to the Corporate Client's Communications With Counsel |
| § 4:20 | Who May Assert the Corporation's Attorney-Client Privilege? |
| § 4:21 | For Whom the Privilege Protection Exists--The Corporate Entity, Not Its Agents |
| § 4:22 | --Joint Defense/Community of Interest Strategy |
| § 4:23 | --Joint Client Strategy |
| § 4:24 | Communications Between Parent and Subsidiary Corporations |
| § 4:25 | Who May Waive the Corporation's Attorney-Client Privilege? |
| § 4:26 | --Corporate Officers and Directors Asserting Advice-Of-Counsel as Defense to Criminal Charge |
| § 4:27 | --Successors in Interest/Bankruptcy Trustee, Succeeding Officers, Directors, and Members of Board of Directors |
| § 4:28 | Generally |
| § 4:29 | Generally |
JOINT OR COMMON DEFENSE | |
| § 4:30 | Generally |
| § 4:31 | Joint Representation Required |
| § 4:32 | Joint Representation of Corporations and Their Directors, Officers, and Employees |
| § 4:33 | Joint Client Privilege Not Applicable When Joint Clients Subsequently Become Adversaries |
| § 4:34 | --Exception to Joint Client Privilege Does not Apply When Joint Client is Called as a Witness |
/Individuals With Community of Interests | |
| § 4:35 | Generally |
| § 4:36 | "Community of Interests" |
| § 4:37 | Burden of Persuasion |
| § 4:38 | Focus is on Why the Communications Were Shared, Not When They Were Generated |
| § 4:39 | Generally |
| § 4:40 | Generally |
| § 4:41 | Corporation in Bankruptcy |
| § 4:42 | Subrogee to the Rights of Another |
| § 4:43 | Generally |
| § 4:44 | Generally |
| § 4:45 | Generally |
| § 4:46 | Unincorporated Entities That Exist For and Are Owned By Its Members--Trade Associations and Partnerships |
| § 4:47 | Who is the Client? |
| § 4:48 | --Limited Partnerships |
| § 4:49 | Commencement of Attorney-Client Relationship For the Partnership Entity |
| § 4:50 | Generally |
| Table of Contents | Go to Chapter 5 |