What are the three judicial approaches to the inadvertent disclosure of confidential information? How might each of these approaches result in a different outcome for the client?
What will be an ideal response?
"Automatic waiver" means that once confidentiality is breached by an inadvertent disclosure, the privilege is automatically waived. The documents may be used by the party who received them inadvertently.
"No waiver" means that the privilege is destroyed only when a client makes a knowing and voluntary waiver of the privilege.
The "balancing test" considers a number of factors, such as the efforts taken to protect the information, the efforts made to correct the inadvertent disclosure, the extent of the disclosure, and the fairness to the parties. The court may impose a variety of remedies, such as unlimited use of the disclosed information, return of the documents, or disqualification of the attorney who has seen the material.
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Describe how to commence researching issues in a particular client’s case.
What will be an ideal response?
It is important to make sure all photographic evidence can be seen clearly by the judge and every member of the jury at the same time
Indicate whether the statement is true or false
All parties involved must agree to a novation
Indicate whether the statement is true or false
What are the responsibilities of the court reporter?
What will be an ideal response?