Banks Should Not Be Compelled To Produce Privileged Info

By Rodgin Cohen and Stephen Cutler (January 2, 2019, 2:24 PM EST) -- As a result of highly publicized events regarding the attorney-client privilege, many Americans understand what lawyers are taught as first-year law students — that the privilege, firmly rooted in centuries of common law jurisprudence, occupies a hallowed place in the American legal system. Our judicial system generally requires disclosure in legal proceedings of all evidence relevant to getting at the truth about a suspected violation of law or a legal claim. But, oral and written communications between a lawyer and client, as well as a lawyer's work product (such as notes the lawyer might have taken in anticipation of litigation), are an exception. They are shielded from discovery by all parties, including the government....

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