Fee Agreement Attorney Client Privilege

See Upjohn, 449 U.S. at 395-96 (in the context where solicitor`s privilege only protects the disclosure of a client`s communications to an attorney, not the disclosure of the underlying facts by those who contacted the attorney). ↩ “skilled” work product may reflect the lawyer`s work or examination, but is not the lawyer`s own “brain work.” This work product may not be absolutely protected from disclosure. Borders are ambiguous. The doctrine is restricted in federal courts. EDF. Rule Civ. Proc. 26 (b) (3); Hickman v. Taylor, 329 U.P.

495, 510-511 (1947). The holder (the client) may waive solicitor-client privilege if the waiver is voluntary. Failure to increase the privilege in a timely manner or failure to assert it may constitute a waiver. Forced disclosure is not a waiver. As a small firm, we reserve the right to make arrangements for one or more other lawyers who will assist us in our work. We will from time to time enter into such agreements with one or more lawyers, depending on the nature of the work to be performed, which we consider competent. We are responsible for payments for the work of these lawyers and we charge the work of these lawyers at the rates set in general. In some cases, we may agree to represent multiple clients separately. Notwithstanding the separate presentation, all information provided by one of the multiple customers may be exchanged between the different customers, unless a customer designates the information as confidential.

If confidential information is so designated, we will inform other customers that there is trust, but we will not disclose it. Any customer in a multi-client situation waives the obligation of confidentiality between multiple clients, unless he designates confidential information and waives the obligation, to the extent necessary, by such a statement, to inform other customers of the existence of confidential information. If a customer objects to the receipt of such information without disclosing the specific information, we reserve the right to resign from the representation of one or more of such customers if the resignation is necessary or justified in the circumstances. At the same time, the majority decided that some of the information contained in invoices sent by lawyers to their clients could effectively be protected by lawyers` privilege, to the extent that the information is provided for the purpose of legal representation, including information informing clients of the nature and extent of the work. Id. at 297. The majority acknowledged that in the course of ongoing litigation, fluctuations in expenditures could reflect the procedural strategy. . . .