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Attorney-client and work product privilege to seized materials must be promptly asserted or it is waived

By John Wesley Hall, Jr.

Attorney-client and work product privileged material was seized during execution of a search warrant. The defendant raised privilege but did not adequately preserve it. The Tenth Circuit held that privilege was waived from failure to promptly pursue privilege. United States v. Ary, 2008 U.S. App. LEXIS 4633 (10th Cir. March 4, 2008): When the party seeking protection fails to specifically identify the materials protected, courts have uniformly found a waiver. In the context of a discovery request in civil litigation, the Ninth Circuit held that general assertions of privilege or work-product protection are insufficient. See Burlington N. & Santa Fe Ry. Co. v. District Court, 408 F.3d 1142, 1149 (9th Cir. 2005); see also United States v...continue to full post

Full post as published by Fourth Amendment on March 06, 2008 (boomark / email).