Ill. Court Sheds Light On Selective Use Of Atty-Client Privilege

By Matthew O'Hara (May 5, 2020, 6:43 PM EDT) -- The Illinois First District Appellate Court recently issued a new opinion in Selby v. O'Dea that explores the rule prohibiting litigants from using the attorney-client privilege as both a sword and a shield.[1]

That rule prohibits a party from asserting the privilege on the one hand to protect its position, but selectively disclosing privileged information to gain an advantage.

The Selby litigation previously produced another important opinion concerning the attorney-client privilege, as the first Illinois case to recognize the common-interest exception to the rule concerning waiver of privilege.[2]

In the second Selby opinion, written by Illinois Appellate Justice David Ellis, the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!