Chapter 8
EXCEPTIONS TO THE PRIVILEGE
OR "NECESSITY" EXCEPTION | |
| §8:1 | Generally |
THE CRIME/FRAUD/ TORT EXCEPTION | |
| § 8:2 | Rule and Its Rationale |
| § 8:3 | Elements of Exception/Burden of Persuasion |
| § 8:4 | --Whose Intent is Important?/Knowledge of Attorney |
| § 8:5 | --Prima Facie Standard |
| § 8:6 | --Satisfying Burden of Persuasion |
| § 8:7 | --Evidence That May be Considered |
| § 8:8 | --In Camera Inspection of Contested Communication: Must Abuse of Attorney-Client Relationship be Established by Evidence That is Independent of Communications in Question? |
| § 8:9 | --Consequence of Finding |
| § 8:10 | What Wrongs Preclude Application of Privilege? |
| § 8:11 | --Inequitable Conduct/Patent Law |
| § 8:12 | "In Furtherance"--What Relationship Must Client's Communications Have to His Wrongful Conduct? |
| § 8:13 | Scope of Discovery After Demonstration of Crime, Fraud or Tort |
| § 8:14 | Relationship Between Wrong for Which Legal Advice Was Sought and Proceedings in Which Discovery is Sought: Dicta of Alexander v. United States |
| § 8:15 | Timing of Client's Acts and Consultations With Attorney Critical to Application of Exception |
| § 8:16 | Generally |
FIDUCIARY DUTY IS OWED | |
| § 8:17 | Shareholder Actions Against Directors |
| § 8:18 | Cause to Overcome Privilege |
| § 8:19 | --Limitations on Applicability of Garner--Must Action be Derivative For Garner Rule to Apply? |
| § 8:20 | Rejection of Garner Balancing Approach |
| § 8:21 | Expanding Influence of Garner in Stockholder Actions |
| § 8:22 | Beyond Stockholder Suits--Extension of Garner |
| § 8:23 | Burden of Persuasion |
| § 8:24 | Director's Counsel Versus Corporation's Counsel |
| § 8:25 | Generally |
/SUNSHINE LAWS | |
| § 8:26 | Generally |
| Table of Contents | Go to Chapter 9 |