As Arit John writes, 'Everyone benefits from and is a victim of privilege
For instance, we speak of someone having "VIP privileges
" at a club, or certain privileges
that come with a high-ranking position within a company or the government.
After establishing the risks attendant to privilege
delegations, this Article offers some design principles that should govern the institution chosen to draft any new set of privileges
that may be invoked by executive branch agencies and explains that the existing judicial rulemaking system fits well with these principles.
pervades nearly every aspect of today's government and economy.
Social networking sites, cloud computing and mobile devices likewise create problems for privilege
Potentially, the privilege
can extend to documents prepared years before an examination or other proceeding was begun or a return filed, such as to analyses of the likelihood that a tax position would be upheld upon IRS examination, as long as they were prepared in anticipation of litigation.
Who controls the attorney-client privilege
after all or part of a business entity is sold or acquired?
17) These fundamental principles create an inherent tension between open records laws and the governmental attorney-client privilege
Not only did opposing counsel refuse, but argued to the court that the inadvertent disclosure of one privileged document served as a blanket waiver of the privilege
for all privileged documents
The self-critical analysis privilege
prevents disclosure of self-evaluative material where the public interest in maintaining confidentiality outweighs the public's need for discovery.
Created in response to the adoption of policies by a number of governmental agencies that weaken the attorney-client privilege
and the work product doctrine, Bar President Hank Coxe appointed the Attorney-Client Privilege
Task Force to examine the purpose behind the privilege
and its exceptions, the circumstances under which and the extent to which the privilege
is being threatened by government waiver policies, and the competing interests being asserted to override the privilege
During Nilson's interview, we struggled with the question of what to do with "white privilege
The UAA concept was simple: States would eliminate the existing "temporary and incidental" provisions that allowed the CPA profession to serve clients for 100 years virtually unhampered throughout the country and replace it with a standardized practice privilege
that would be similar to a driver's license.
has long been recognized and respected by the legal system, since the confidentiality it provides instills confidence among attorneys and clients to discuss sensitive matters, including compliance with laws and regulations, remediation of noncompliance and defense of those accused of breaking the law.
John Williams delivered a speech to the Texas Law Institute in which he made several references to the "Alamo" in the course of setting forth the Internal Revenue Service's view of the scope of the attorney-client privilege
in tax matters.