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8 - Evidence and Civil Procedure

Published online by Cambridge University Press:  03 May 2011

Benjamin H. Barton
Affiliation:
University of Tennessee, Knoxville
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Summary

More than a century of experience with the statutes has demonstrated that the [physician–patient] privilege in the main operates not as the shield of privacy but as the protector of fraud. … [The privilege] runs against the grain of justice, truth and fair dealing.

– Edward W. Cleary

The lawyer-client privilege serves a salutary and important purpose: to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.

Southern Scrap Material Co. v. Fleming

THE ATTORNEY–CLIENT PRIVILEGE GUARANTEES THAT COMmunications between an attorney and client are not admissible in court. It is the oldest and most powerful evidentiary privilege and shields communications between lawyers and clients from disclosure in almost all settings. The attorney work product doctrine covers both the discovery process and admissibility in court. It gives limited protection to documents created in anticipation of litigation and absolute protection to the thoughts, opinions, and strategies of a lawyer preparing for trial. Between these two doctrines, lawyers are able to guarantee confidentiality to clients and prepare their cases for trial with little worry about what might or might not be discoverable by the opposing party. This is obviously a substantial selling point to clients and also makes every lawyer's job much easier.

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Publisher: Cambridge University Press
Print publication year: 2010

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  • Evidence and Civil Procedure
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.008
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  • Evidence and Civil Procedure
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.008
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Evidence and Civil Procedure
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.008
Available formats
×