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View from the Piney Woods on proposed deletion of privilege rule

Jeff Rambin over at the Tyler Appeals blog summarizes the controversy over the Court of Criminal Appeals proposed deletion of what Judge Cathy Cochran called a "vestigal tail" with "no wag" - the attorney client privilege Rule 503(b)(2), and concludes the CCA shouldn't rush to change it. While most of debate so far has occurred over what the rule meant in the past, Rambin wisely observes that an "equilibrium" has settled around the "vacuum" of cases regarding the rule, and suggests that discussion of any change should center on the future "post-vacuum" equilibrium. He declares: I'm for streamlined writing and efficient machines, but once words are put into operation as law or rule, fine tuning those operations on the fly is no longer a matter of clean blueprint draftsmanship...continue to full post

Full post as published by Grits for Breakfast on June 16, 2008 (boomark / email).