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Stephen Gillers
Professor of Law, NYU
Recent Activity
Doesn't it depend on what it contains? Scope of work, identity of client, and fee are ordinarily not within the privilege. But a retainer agreement could contain more, though this one may or may not. And of course, technically we're not talking about the privilege but confidentiality and the full agreement is within the protection of Rule 1.6, which the client has the option to waive.
Unless Christie is prepared to waive privilege, which I think is the litmus test of the cooperation claim.
Why won't Bochco put L.A. Law on DVD or the Web? Maybe we need a petition.
I think by "independence" is meant freedom from the influence of others who might sway the lawyer from his or her loyalty to the client. Structurally, those others would include nonlawyers with equity interests in a law firm or who have managerial authority over the legal work of lawyers in the firm. I'm not sure what else it includes.
Toggle Commented Aug 27, 2009 on The ABA's 20/20 Commission at Legal Ethics Forum