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...

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