Designs for ornamental plate

Designs for decorative plate

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In many aspects lawyers are amenable to capture by their clients. Insofar as this is true, the law should be more concerned with overcoming confidentiality when the lawyer-client relationship turns into an engine of wrongdoing. 6 Supplement: The Work Product Privilege When referring to the information protected by the lawyer-client privilege I mean the information that the client communicates to the lawyer and also the information that the lawyer then communicates back to the client. The latter is the product of the lawyer’s work, based on the initial information received from the client.

Specifically, they refer to the role they play in fostering corporate compliance. The law of professional testimonial privilege does not operate in a vacuum. In this introductory note I have briefly outlined the backdrop against which the privileges are set in the legal systems discussed below. The discussion of privileges in the corporate setting combines corporate law and procedural law. With respect to the latter, I have shown that civil procedure in continental law systems traditionally prefers a swift legal process at the expense of accurate adjudication whereas, Anglo-American civil procedure strives to find the “objective truth” underlying the legal dispute, with less emphasis being placed on the swiftness and cost of the process.

The Law & Economics opposition to the lawyer-client privilege dates back to the beginning of the 19th century. During this time, the English scholar and philosopher Jeremy Bentham applied notions that later became the fundamentals of the Law & Economics approach in evaluating the privilege. Bentham claimed that the privilege is only valuable to guilty clients since they have an interest in hiding information from the court72. In his opinion, an innocent party would be completely candid with the lawyer, since the party has an interest to empower the lawyer with as much exonerating information as possible.

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