Privilege: Misunderestimated or Misunderstood?
October 20, 2014
For almost 25 years the author has been writing about the eroding status of the attorney-client privilege. Practitioners, legal academics, and judges (with a few notable exceptions) seem either not to understand the privilege, or believe that the purposes it serves are overstated or not important. One recent case--which purports to strengthen the privilege--further documents this disheartening state of affairs.