Thomas Spahn

The absolute attorney-client privilege protects clients’ requests for legal advice and their lawyers’ legal advice in response. It protects facts only to the rare extent that disclosing them would somehow reveal the substance...more Several earlier Privilege Points cited cases in which a litigant unsuccessfully claimed attorney-client privilege protection while overlooking the clearly applicable work product protection. Some litigants making that mistake...more Litigators are supposed to take advantage of the adversary’s mistakes. If the other side’s lawyer overlooks an affirmative defense, you don’t remind her. But there is at least one inexplicable exception: the adversary’s...more The last two Privilege Points addressed privilege protection for an organization’s employees’ communications just among themselves. However, a district judge recently vacated a magistrate judge’s opinion, summarized in last...more