Attorney-Client Privilege

Whenever a lawyer is in court or in any other public place, they should assume that people can hear what is being said and act accordingly.

Accidentally hitting 'reply all' on an individual email is merely the tip of the iceberg of all the ways a lawyer can fail to protect their clients' interests.

* Get ready professional responsibility nerds, because the Supreme Court is hearing argument on the scope of attorney-client privilege on Monday. [ABA Journal]

* Twitter hires Perkins Coie despite Elon Musk’s history of bashing the firm for its work on behalf of Democrats. I’m starting to think this guy doesn’t have a firm grasp on management. [Reuters]

* On this anniversary, a new wrongful death lawsuit targets Trump over January 6 riot. [MSNBC]

* Pharmacies plan to offer morning after pills in states where it’s still legal. [NY Times]

* Speaking of commercial pharmacies, a Walgreens executive finally admitted that all those shoplifting losses that the company claimed would run them out of business were totally exaggerated. [CNBC]

* Prosecutors win right to use the word “bribe” in a case about Fox executives accused of, well, bribing people. [Law360]

* Does attorney-client privilege extend to business communications? We need answers, SCOTUS! [Bloomberg Law]

* It’s not always about the size of the firm… [Law.com]

* I did not expect to read about the Constitutional implications of renting on Airbnb, yet here we are. [Inquirer]

* Here’s a representation problem much bigger than whether or not Ariel looks like how she did when you were a kid. [WHEC]

The law still hasn't caught up with the big threat facing large entities.

You don’t need a law degree to know what someone means when he claims he has 'insurance' against someone throwing him 'under the bus.'

I'm not an expert in the Napoleonic Code, but this should be entirely illegal.

This doesn't look good.

Who's in the running to be the Special Master in the Cohen case?

* Michael Cohen has until 2 p.m. this afternoon to produce the names of his clients with proof of their relationship, lest his attorneys’ temporary restraining order over the alleged privilege of the “thousands, if not millions of documents” that were taken in the FBI raid upon his office get tossed. [New York Law Journal]

* In other news, President Trump wants to review all of the material that was seized by the FBI from his lawyer Michael Cohen before federal investigators are able to take a look at it — after all, as the president says, attorney-client privilege “is dead.” [Washington Post]

* Many partners at Allen & Overy are “dead against” the firm’s reportedly proposed merger with O’Melveny & Myers, which is probably just fine, considering the fact that O’Melveny “[has] no plans to merge [with A&O] and never [has].” [Legal Week]

* Deputy Attorney General Rod Rosenstein is supposed to make his debut at the Supreme Court later this month on April 23 to argue a case regarding sentencing guildelines on behalf of the United States government. We’ll see how things go if he’s already been fired by President Trump by the time oral arguments roll around. [CNN]

* According to Senate Republican Cory Gardner of Colorado, now that he’s struck a deal with President Trump that will undercut Attorney General Jeff Sessions’s recission of the Cole memo, he’ll be happy to puff-puff-pass votes on all of the Department of Justice nominees he’s been holding up. [Washington Post]

* “[T]op tier firms [must] take a more ‘people-centric’ approach, and break the tyranny of the billable unit as the overriding priority.” This managing partner says that work/life balance and mental health for lawyers will never improve unless the legal profession addresses “onerous billable hour targets.” [Lawyers Weekly]

* Corporations: 1. Unpaid Interns: 0. [Hollywood Reporter]

* Don Jr.’s claim of attorney-client privilege over a conversation he had with Daddy probably won’t stand up if Mueller pushes the issue. [Talking Points Memo]

* A review of John Grisham’s latest — when law students go rogue. [Law and More]

* How liberal or conservative are the judges in your state? See the chart on page 1743 of this new study! [SSRN]

* Working moms conquer their toughest holiday challenges. [CorporetteMoms]

* Jobs Attorneys Hate for $100, Alex. Publicly pulling back from your client’s “misunderstanding.” [The Root]

* The battle between former Louisville basketball coach Rick Pitino and Papa John. [Deadspin]

It isn't typical for lawyers to testify against clients.

You hear a lot when you work in-house.

Advice on keeping confidences, from in-house counsel Mark Herrmann.

Attorney-client confidences breached because of pretty handwriting.

This half-season has left a lot to be desired.

Preparing a privilege log sucks, but forfeiting attorney-client privilege sucks even more.

Attorneys all know the firm Cravath, but not the lawyer behind the name.

* Remember that Donald Trump tell-all from a former lawyer? Does the piece violate rules against the disclosure of privileged information? [New York Personal Injury Blog]

* Judge Jed Rakoff slams consumer consent to arbitration agreements as a “legal fiction.” [Law360 (sub. req.)]

* According to a HUD report, a New Orleans judge is running a home for the elderly and disabled with “dangerous health and safety risks.” [NOLA.com]

* Advice on prepping for an oral argument. [Lawyerist]

* Canadian Supreme Court justices are going to be chosen in an all new way. [The Star]

* Field-administered drug tests are not as reliable as the criminal justice system would like you to believe. [Guile is Good]

* Stuff lawyers say.

https://www.youtube.com/watch?v=6GNyobx3Agk