January 01, 2013

Privilige: The Government Exception to the Fiduciary Exception

Edna Selan Epstein

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Rarely does the U.S. Supreme Court weigh in on issues of attorney-client privilege. They are evidentiary in nature, not constitutional. Indeed, it has been 30 years since the Court did so in a case of substantial precedential value, in Upjohn Co. v. United States, 449 U.S. 383, 393, 101 S. Ct. 677, 66 L. Ed. 2d 584 (1981). That seminal opinion kick-started the explosive growth of attorney-client privilege discovery disputes.

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