For people who lose a claim of confidential lawyer-client communication or work product privilege, the normal rule gives them a scary option if they want to contest the loss in a higher court. They must defy the order, which directs them to produce the documents or furnish the information, and thus stand in contempt of
grand jury
Giving Docs to Feds Waives Privilege, Ninth Circuit Holds
By Barry Barnett on
The lawyer you hired to help you with lawsuits over the rights to Superman runs off with documents that you say contain top-secret attorney work product and attorney-client communications.
Worse, the lawyer gives a copy of the to your opponent, D.C. Comics. You report the theft to the Federal Bureau of Investigation. A grand jury…
Quote of the Day: John T. Noonan
By Barry Barnett on
By a chance of litigation, the documents have been moved from outside the grasp of the grand jury to within its grasp. No authority forbids the government from closing its grip on what lies within the jurisdiction of the grand jury.
In re Grand Jury Subpoenas, No. 10-15758, slip op. at 19638 (9th Cir.