Legal Professional Privilege For Corporations Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Legal Professional Privilege For Corporations book. This book definitely worth reading, it is an incredibly well-written.
Legal Professional Privilege for Corporations by Andrew Higgins Pdf
An account of legal professional privilege for corporations, this title examines the approaches of four major common law jurisdictions: the UK, Australia, Canada and the United States. It will act as an invaluable to guide to practitioners and judges trying to ascertain whether a corporate communication will attract privilege.
Corporate Privileges and Confidential Information by Jerome G. Snider,Howard A. Ellins,Michael S. Flynn Pdf
Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy.
Legal Professional Privilege for Corporations by Andrew Higgins Pdf
A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.
Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it."--pub. desc.
Professional Testimonial Privileges by Lev Eppelbaum Pdf
Ido Baum explores the professional testimonial privileges of attorneys, accountants, and journalists in the United States, England, and Germany. The author provides new insights into the internal effects of the corporate lawyer-client privilege on corporate decision making. Finally, he presents the first model-based efficiency comparison of the American and English rules regarding the revelation of confidential media sources.
The Law of Privilege by Bankim Thanki,Chloe Carpenter Pdf
Providing solutions to specific issues which regularly arise in practice, this practical guide gives detailed and up to date coverage of all key aspects of privilege including legal advice privilege, joint and common interest privilege, and the privilege against self-incrimination as they apply to litigation and non-litigation situations.
Corporate Lawyers and Corporate Governance by Joan Loughrey Pdf
This assessment of the corporate governance role of corporate lawyers in the UK analyses the extent to which lawyers can and should act as gatekeepers, counsellors and reputational intermediaries. Focusing on external and in-house lawyers' roles in both dispersed share-ownership and owner-managed companies, Joan Loughrey highlights the conflicts of interest that are endemic in corporate representation and examines how lawyers should respond when corporate agents provide instructions contrary to the company client's interests. She also considers the legitimacy of 'creative compliance', the ethical arguments for and against lawyers prioritising the public interest over their clients' interests, and their exposure to liability if they fail to perform a corporate governance role. Finally, she considers whether the reforms to the legal profession will promote the lawyer's corporate governance role and advances suggestions for reform.
Attorney-corporate Client Privilege by John William Gergacz Pdf
This Book discusses the law governing attorney-corporate client privilege & details the rules governing the work product doctrine. The work describes how to structure corporate communications so that they may remain privileged & how to avoid courses of action that can result in a loss of privilege.
Practitioner's Guide to Global Investigations by Judith Seddon Pdf
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Publisher : American Bar Association Page : 216 pages File Size : 47,9 Mb Release : 2007 Category : Law ISBN : 1590318730
Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Privilege and Confidentiality by David Greenwald,Marc Russenberger Pdf
Privilege and Confidentiality: An International Handbook provides an overview of legal professional privilege (both legal advice privilege and litigation privilege) and confidentiality for in-house and outside counsel in the following jurisdictions: the US, Australia, Brazil, Canada, Chile, China, England and Wales, Germany, India, Japan, Mexico, Netherlands, Nigeria, Russia, South Africa, Spain, Sweden, Switzerland, Turkey, and the United Arab Emirates. Each chapter looks at recent developments in each jurisdiction and identifies possible strategies to enhance and strengthen the application of legal professional privilege around the world. This second edition includes a separate chapter on 'Legal Privilege and Confidentiality in Arbitration' and a new chapter on the ramifications of Europe-wide privilege and in-house counsel of the recent judgment by the ECJ in Akzo Nobel Chemicals Ltd and Akcros Chemical Ltd v Commission of the European Communities (September 2010), which has put the spotlight on legal professional privilege.
Representing the Corporation by Richard H. Weise Pdf
Representing the Corporation gives you the inside track on understanding the legal services the corporation is really seeking from its counsel. Richard H. Weise shares his 30 years of experience in corporate legal affairs to show you how to develop practices that are in tune with the needs and requirements of the client. Weise offers valuable guidance to in-house counsel and practitioners on: Getting client feedback effectively -- Developing a healthy interdependent relationship with the client -- Implementing an effective dispute resolution strategy...an important client satisfier -- Helping a client with ethics management issues -- Offering the client a "no surprises" covenant. -- Working with the client on important compliance issues and crisis management. -- Plus leading-edge coverage of vital topics such as the law of the Internet, international corporate practice, intellectual property, securities law, government contracting, tax, mergers and acquisitions, and more.Representing the Corporation contains a wealth of adaptable sample forms, checklists, spreadsheets, in-house reports, and manuals for your particular situation.
Legal Professional Privilege by Jonathan Auburn Pdf
In the Commonwealth,the principle of legal professional privilege has been treated as almost sacrosanct and in consequence, derogations from it have been rare. The traditional view is that, despite resulting unfairness, the rule must be absolute in order to achieve its stated goals. This view is challenged here through an examination of the structure of and exceptions to the privilege. Auburn argues that the claims made of the rule in the past have been overstated and that the privilege is more robust than widely assumed. Being dependent on patterns of client behaviour, it can accommodate change, while still fulfilling its essential function. Having examined the theory, structure and main derogations from the privilege, the author asserts that we should be more sceptical of the claims made of the privilege, and in appropriate circumstances should give more weight to the values underlying the disclosure of evidence. This thoughtful analysis presents a new approach to the issue of legal professional privilege. It offers a thorough exploration of the principles underlying the privilege and takes a Commonwealth-wide approach, covering the law in England, Australia, Canada, New Zealand and South Africa, as well as drawing on relevant principles from European and United States law.
