The attorney-client
privilege seems like a simple enough concept, but it is full of
complexities. Anesthesiologists and administrators who handle
communications with their groups’ lawyers need to know how to protect
the privilege. Ongoing whistleblower litigation, U.S. ex rel. Baklid-Kunz v. Halifax Hospital Medical Center, Case No: 6:09-cv-1002, 2012 U.S. Dist. LEXIS 158944 (M.D. Fla. Nov. 6, 2012), offers valuable guidance.
The attorney-client
privilege shields certain confidential information from discovery or
from admission into evidence in a court proceeding. The communication
is protected so long as (1) it was between attorney and client, (2) it
was made in confidence for the purpose of rendering legal advice and (3)
it remains confidential.
Communications with outside
counsel are presumed to be privileged, but the presumption is
rebuttable. The burden of proving that the privilege has been lost or
waived is on the other party. In the case of communications with
in-house counsel, whose...
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