who waive attorney client privilege cohen tape

Can in-house counsel qualify for attorney-client privilege?

 · Attorneys for President Trump have reportedly waived attorney-client privilege on a tape recording made by his former lawyer, Michael Cohen, in …

Is attorney-client privilege protection a priority for opposing counsel?

 · Nigel Payne President Donald Trump's attorneys have waived privilege on his behalf regarding a secret tape conversation between former longtime lawyer Michael Cohen and Trump in which they talk about a payment to ex- Playboy model Karen McDougal, who claims she had a long-term affair with the president, according to a report.

Does the privilege of attorney-client privilege apply in Upjohn V zolin?

 · Trump waives Cohen tape attorney-client privilege Trial lawyer and law professor Shainin Specter on Trump's waiving attorney-client privilege about his taped Playmate payment conversation with ...

What is attorney client privilege?

The attorney-client privilege includes oral and written statements, actions, signs and other means of communicating information to the client. The privilege covers the transmission of documents which are available to the public, and not merely information in the sole possession of the attorney or client.

What is the role of a special master in Cohen v. Cohen?

The Special Master is entitled to confer with the Government on privilege issues without disclosing information that Cohen claims to be privileged. The Special Master is required to issue a report of her privilege determinations to the Court, giving the parties the right to object to the determinations, with the Court making the final decision as to any information that is privileged and therefore cannot be reviewed by Federal prosecutors. Judge Wood specifically directed the parties to focus on the “crime/fraud” exception to the attorney-client privilege in assessing privilege issues.

Is Michael Cohen's work subject to attorney-client privilege?

Work product or communications between Michael Cohen and his clients made in furtherance of a crime or fraud perpetrated by one of Cohen’s clients would not be subject to the attorney-client privilege, and would, therefore, be subject to disclosure to Federal prosecutors.

What is prima facie case?

A prima facie case for the crime/fraud exception is made where the proponent of the exception demonstrates sufficient evidence to show that the fraud or crime has some foundation in fact. State Comp. Ins. Fund v. Superior Court (2001) 91 Cal.App.4th 1080, 1090-1091. However, mere issuance of a search warrant to seize files from an attorney’s office does not, in itself rise to the level of a prima facie showing to establish the crime/fraud exception. Geilim v. Superior Court (1991) 234 Cal. App. 3d 166.

Is there a protection for attorney notes?

Where the attorney acts merely as a business agent for the client in conveying the client’s position to a contracting party, there is no justification for protecting the attorney’s notes concerning the conversation. However, in doubtful cases or those in which the legal work and work performed as an agent are inextricably intertwined, the privilege will be sustained. Watt Industries, Inc. v. Superior Court (1981) 115 Cal.App.3d 803. Similarly, there is no attorney work-product privilege where the attorney merely gave business advice to the client. Estate of Perkins 195 Cal. 699, 710. The work-product privilege applies to documents related to legal work an attorney performs for a client, not to notes memorializing acts an attorney performs as a mere agent.

Is work product discoverable under civil procedure?

“The work product of an attorney shall not be discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing his claim or defense or will result in an injustice, and anything in writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories shall not be discoverable under any circumstances.” Civil Procedure section 2018.030.

Does exercising privileges result in suppression of evidence?

Although exercise of the privilege may result in the suppression of relevant evidence, the Legislature has determined that these concerns are outweighed by the importance of preserving confidentiality in the attorney-client relationship.

What is attorney client privilege?

Piercing the attorney-client privilege may be one of opposing counsel’s top priorities irrespective of the strength of their case. The privilege protects confidential communications between the client and the lawyer made for the purpose of obtaining or providing legal assistance, to “encourage full and frank communication . . . and thereby promote broader public interests in the observance of law and administration of justice.” United States v. Zolin, 491 U.S. at 562, 109 S.Ct. 2619 (quoting Upjohn Co. v. United States, 449 U.S. 383, 389, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981) ). But the privilege may not apply, it may be waived, or there may be exceptions to it. Counsel’s position on issues concerning potentially privileged documents impacts his or her credibility with the court, so it is advisable to be fully familiar with the scope of the privilege from the first time the issue arises in a matter, and not when it is too late.

Do officers, directors, and employees need in-house counsel?

Officers, directors, and employees must rely on in-house counsel to understand the difference. The predominant purpose of the communications should seek legal services for the privilege to apply. Copying in-house counsel on communications does not make them privileged.

Should outside counsel retain consultants?

Clearly identify when seeking or providing legal advice. Only outside counsel should retain and communicate with consultants during litigation. Retention by in-house counsel is preferable to retention by corporate management. Explain privilege limits and waiver to the client at the beginning and throughout a matter.