Post Process

Everything to do with E-discovery & ESI

Case Blurb: Bobbitt; Elements for Attorney-Client Privilege

Posted by rjbiii on December 8, 2008

The elements of the attorney-client privilege were summarized decades ago by Dean Wigmore as follows:(1) Where legal advice of any kind is sought (2) from a professional legal adviser in his capacity as such, (3) the communications relating to that purpose, (4) made in confidence (5) by the client, (6) are at his instance permanently protected (7) from disclosure by himself or by the legal adviser, (8) unless the protection is waived.

Bobbitt v. Acad. of Court Reporting, Inc., 2008 U.S. Dist. LEXIS 65513, 17-18 ( E.D. Mich. Aug. 26, 2008) (citing 8 Wigmore, Evidence (McNaughton rev. ed.1961), § 2292, p. 554).


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