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

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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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