Privilege
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Privilege
Several Courts Deal With First-Party Insurance Work Product Issues
In first-party insurance scenarios, an insured seeks coverage directly from its insurance company for its losses (in contrast to third-party insurance, in which an insured seeks its insurance company’s help defending and paying for claims against the insured). Both types of insurance scenarios frequently involve work product protection issues.
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The Attorney-Client Privilege Obviously Protects Internal Law Firm Communications, Right?
The attorney-client privilege protects communications primarily motivated by clients' request for legal advice, and lawyers' response. Although old and absolute, the attorney-client privilege undeniably hampers the justice system's search for truth. So the protection is narrow and fragile.
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Florida Federal Court Mentions Two Ways the Work Product Doctrine Differs From the Attorney-Client Privilege
The ancient attorney-client privilege: (1) protects communications primarily motivated by clients' request for legal advice, regardless of any litigation on the horizon; and (2) protects such communications absolutely. The relatively new work product doctrine differs dramatically from the attorney-client privilege in those two ways (among many others).
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