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16 Law Notes Gen. Prac. [i] (1980)

handle is hein.journals/lwntgen16 and id is 1 raw text is: Published by the American Bar Association's Section of General Practice Winter 1980 Letters to the Managing Editor I have just read with interest the note entitled Attorney-Client Privilege for Corporate Counsel which was published in the ABA Law Notes for the summer of 1979. One aspect of this note particularly caught my attention-the assertion on page 75 that filing otherwise privileged material in general cor- porate files means that the privilege is lost. While I recognize that the burden of takihg sufficient precau- tions rests with the party asserting the privilege, I doubt that the law has gone as far as this note in- dicates. I read the two cases cited in footnote 13 in support of this proposition and do not find them per- suasive as both were waiver cases. While I agree that the careful control of privileged material is exceed- ingly important, an internal corporate rule that all privileged material be placed in special files could be adverse should an item which was otherwise properly privileged stray from the sacred file-a not unlikely possibility in light of the ubiquitous Xerox machine. 32 pages Also, it is unfortunate that the note contained no reference to the fact that the control group test has not been universally accepted, some courts applying what I believe is a more realistic subject matter ap- proach (see Berger, Gathering Corporate Evidence: The Interplay of Two Doctrines, p. 27, National Law Journal 12/10/79). As you may be well aware, this issue has now been taken up by the Supreme Court in Upjohn Co. v. U.S., No. 79-886, and it is quite possi- ble that the control group rules may be modified or undercut. Very truly yours, CLAUDE R. BREESE * I have just received and read with interest your arti- cle in Law Notes, Vol. 15, No. 4, Fall 1979. Your profile on the Section of General Practice of the ABA seems to fit the description of the newly (continued on next page) Copyright @ 1980 American Bar Association Vol. 16, No. 1 In This Issue: Page The Social Security Disability Claim by Ronald R. Gilbert and J. Douglas Peters............................................... 1 Section 1244: Legal Malpractice and the Passive Income Test by Richard John Ruddy, Jr.......... .............................................. 7 Law Office Information Service: A New Aid for Busy Lawyers by C. Rudy Engholm ........................................................... 9 Considerations in Purchasing Word Processing Equipient by Kline Strong .. .............................................................. 15 Prepare a Fee Schedule for Your Office by Wesley P. Hackett, Jr ..... .................................................... 19 Employment Discrimination Laws and Their Application by George C. Rozm arin............................................................... 25 Handling the Plaintiffs Air Crash Case by Richard F. Krutch and Vernon T. Judkins . ....................................... 31 Produced by the ABA Press LAW NOTES for the General Practitioner

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