What is the burden of establishing attorney-client privilege?

MultiRegion, United States of America

The following excerpt is from U.S. v. Layton, 855 F.2d 1388 (9th Cir. 1988):

"The burden of establishing the existence of the attorney-client privilege, and of presenting the underlying facts demonstrating the existence of the privilege rests on the claimant of the privilege." United States v. Osborn, 561 F.2d 1334, 1339 (9th Cir.1977).

Other Questions


What is the burden of establishing privilege against a party who is not entitled to privilege? ("New York", 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)
What is the test for establishing that privilege is a privilege? ("New York", United States of America)
What is the test for establishing that a plaintiff has met their burden of establishing that their injury is personal? (MultiRegion, United States of America)
What is the burden of establishing that an applicant who has not established past persecution has a presumption of fear of future persecution? (MultiRegion, United States of America)
Does a defendant have a burden to sustain his burden to establish that ineffective assistance of counsel compromised his right to a fair trial? ("New York", United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
What is the initial burden under RLUIPA on establishing that the regulation substantially burdens the practice of his religion? (MultiRegion, United States of America)
What is the burden of establishing jurisdiction against a plaintiff? (MultiRegion, United States of America)
Does section 25 of the Access to Records Act, which provides exemptions to disclosure under the Corporations Privileges Act, apply to solicitor-client privilege? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.