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Spousal Privilege

McGuireWoods LLP

Privilege Implications of Spousal Communications

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Most courts hold that the incredibly fragile attorney-client privilege can be waived by disclosure even to family members (such as Martha Stewart’s disclosure to her own daughter). The separate "spousal privilege" recognized...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 210: Listen and Learn -- Evidence: Special Privileges

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Evidence, specifically some special forms of privileged communication.  In this episode, we discuss: ...more

Fox Rothschild LLP

Is Spousal Privilege Relevant in the 21st Century?

Fox Rothschild LLP on

This writer, in his more grandiose moments, likes to think himself a legal historian. And in these “fantastic” moments he will (a) write in the third person and (b) indulge in comparing modern law with that of olden days....more

McGuireWoods LLP

S.D.N.Y. Deals With Spouses and Law Firm Emails: Part I

McGuireWoods LLP on

Most states have adopted some variation of what is called the "spousal privilege" or "marital privilege." Those usually appear in statutes or rules, and dramatically vary from state to state. For obvious reasons, spouses'...more

Proskauer - Minding Your Business

Firm’s Computer Policy Doesn’t Undermine Claim of Privilege Over “Private” Communications With Counsel

New York City apartment living can spawn interesting legal disputes when neighbors fail to resolve their grievances amicably and resort to the courts. Sometimes these disputes bring fanfare as well as opportunities to...more

McManis Faulkner

Evidentiary Privileges in California And Federal Courts: A Brief Comparison [Part 4 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time,[1] other procedures are entirely distinct. As a matter of...more

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