§5.12 Communication

Authors

Christopher B. Mueller, University of Colorado Law School
Laird Kirkpatrick, George Washington University Law SchoolFollow
Liesa Richter, University of Oklahoma College of Law

Document Type

Chapter

Publication Date

2018

Status

Accepted

Abstract

This article addresses what is a “communication” for purposes of the attorney-client privilege. It notes that observations, as distinguished from communications, are generally not privileged, but that when observations are a form of confidential communication they are privileged. The article discusses the trend toward a two-way privilege that covers communications from the lawyer to the client as well as from the client to the lawyer.

GW Paper Series

GWU Law School Public Law Research Paper No. 2018-61; GWU Legal Studies Research Paper No. 2018-61

SSRN Link

https://ssrn.com/abstract=3276982

Recommended Citation

Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §5.12 Communication (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.12 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-61; GWU Legal Studies Research Paper No. 2018-61. Available at SSRN: https://ssrn.com/abstract=3276982