What is the test for waiving privilege to testify in a personal injury case?

MultiRegion, United States of America

The following excerpt is from von Bulow, In re, 828 F.2d 94 (2nd Cir. 1987):

These considerations--which underlie "the fairness doctrine"--aim to prevent prejudice to a party and distortion of the judicial process that may be caused by the privilege-holder's selective disclosure during litigation of otherwise privileged information. Under the doctrine the client alone controls the privilege and may or may not choose to divulge his own secrets. But it has been established law for a hundred years that when the client waives the privilege by testifying about what transpired between her and her attorney, she cannot thereafter insist that the mouth of the attorney be shut. Hunt v. Blackburn, 128 U.S. 464, 470-71, 9 S.Ct. 125, 127, 32

Page 102

Other Questions


How do you deal with a claim of personal injury in a personal injury case? (MultiRegion, United States of America)
Does a client who relies on his attorney for personal injury purposes have an obligation to timely filing in a personal injury case? (MultiRegion, United States of America)
What is the test for assessing personal injury fees in a personal injury case? (MultiRegion, United States of America)
What is the state's position on personal injury law in the context of personal injury cases? (MultiRegion, United States of America)
What is the standard of damages for personal injury damages in personal injury cases? (MultiRegion, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (MultiRegion, United States of America)
Is attorney-client privilege waived in a case where a lawyer testified in a deportation proceeding? (MultiRegion, United States of America)
Is any written record of injury admissible in a personal injury case? (MultiRegion, United States of America)
Is there any case law that supports the argument that an individual is entitled to an equalization clause in his or her personal injury case? (MultiRegion, United States of America)
What is the relevant case law on timeliness of an application to intervene in a personal injury case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.