Protecting thoughts and communications from invasive discovery: the attorney-client and work-product privileges
Article Abstract:
Privileged communications between attorney and client have a long legal history and are designed to facilitate communication between a client and counsel without the threat of disclosure. This privilege is not absolute but open to interpretation by the courts. How this privilege applies to witnesses and to individuals closely involved with legal entities such as employees and their company poses difficult questions. A similar right applies to work product and similar questions arise. Disclosure of documents used by experts and edited in camera may still disclose a great deal about counsel's thought and strategy.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1992
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From servant to advisor? Insurance agents undertaking affirmative duties to customers
Article Abstract:
Insurance agents should not be liable for losses of customers who discover they are underinsured at the time of injury or catastrophe. Agents have no fiduciary duty to customers even though customers may claim agents should have provided more information. Agents represent insurance companies, not customers. Agents must practice fair business policies but their legal duties cannot be inappropriately expanded by disappointed customers.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 1998
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Clergy malpractice: protecting consumers or unconstitutional secular intrusion?
Article Abstract:
The authors discuss various theories of tort liability which have been used against clergy members. State courts have rejected negligent counseling claims and many have rejected breach of fiduciary duty claims.
Publication Name: Federation of Insurance & Corporate Counsel Quarterly
Subject: Law
ISSN: 0887-0942
Year: 2000
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- Abstracts: Conflict, disparity, and indecision: the unsettled corporate attorney-client privilege. Following the psychotherapist-patient privilege down the bumpy road paved by Jaffee v. Redmond
- Abstracts: Court focuses on fiduciary exception to privilege; recent ERISA case sets some parameters for this exception to the attorney-client privilege
- Abstracts: A financial analysis of major unions: implications for financial reporting reform under the Labor-Management Reporting and Disclosure Act
- Abstracts: School finance in the courts. Policy implications of increased high school graduation expectations. Equity v. autonomy: the problems of private donations to public schools
- Abstracts: Delegation and the Constitution. Abdication or delegation? Congress, the bureaucracy, and the delegation dilemma