Is there any case law where a party has relied upon the advice of counsel as a defense in a claim of privilege?
MultiRegion, United States of America
The following excerpt is from In re County of Erie, 546 F.3d 222 (2nd Cir. 2008):
Connell v. Bernstein-Macaulay, Inc., 407 F.Supp. 420, 422 (S.D.N.Y.1976) ("The actual holding in [Hearn] is not in point because the party there asserting the privilege had expressly relied upon the advice of counsel as a defense to the plaintiff's action.").
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
What are some cases where a party has been successful in claiming to be able to exclude or amend a party's statement of claim? (MultiRegion, United States of America)
Does the federal rule of evidence govern privilege regarding privilege regarding a claim or defense for which state law governs? (MultiRegion, United States of America)
Does a defense counsel have to give the client the benefit of counsel's professional advice on whether to plead guilty? (MultiRegion, United States of America)
What is the burden on a party claiming the protection of privilege to establish the facts that are essential elements of the privileged relationship? (MultiRegion, United States of America)
Does the fact that advice that would be characterized as privileged be considered to be given by staff counsel preclude application of privilege? (Canada (Federal), Canada)
Does the Court's denial of a defense counsel's closing argument violate the Sixth Amendment right to assistance of counsel? (MultiRegion, United States of America)
How have the courts responded to a defense counsel's claim of prejudice in a civil case? (MultiRegion, United States of America)
What is the burden of establishing jurisdiction against a party who is not a party to a claim? (MultiRegion, United States of America)
