Jottings By An Employer's Lawyer

Thursday, October 23, 2003

1st Cir. - Important Ruling On Attorney Client Privilege - Avoiding Wholesale Waiver

Although not arising out of an employment law matter, the 1st Circuit yesterday issued an important opinion on the 'implied waiver' of the attorney client privilege. In an opinion secretively styled In Re Keeper of the Records, Grand Jury Subpoena Addressed to XYZ Corporation
(1st Cir. 10/22/03) the Court held:
Accordingly, we hold, as a matter of first impression in this circuit, that the extrajudicial disclosure of attorney-client communications, not thereafter used by the client to gain adversarial advantage in judicial proceedings, cannot work an implied waiver of all confidential communications on the same subject matter.
Nice to see a pro-privilege decision for a change.

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