· 7/1/1998
David R. Hawkins v. Andrea L. Stables
Citations
- 148 F.3d 379
- 49 Fed. R. Serv. 3d 1007
- 1998 U.S. App. LEXIS 14847
- 1998 WL 351043
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that client holds attorney-client privilege and “can waive it either expressly, or through conduct” (internal quotation marks omitted)
- finding waiver of privilege when the relevant question was objectionable on its face on the ground of attorney-client privilege but no one objected
- instructing that where the case is based upon a federal cause of action, the court must apply “the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience”
- “By answering the question as [the defendant] did, [the defendant] both waived her [attorney-client] privilege and provided probative evidence [on the subject matter].”
- If a party voluntarily discloses a single communication protected by the attorney-client privilege, it waives the privilege for that communication and any other communications covering the same subject matter.
- burden of proof is on the proponent of the privilege
Source: CourtListener parenthetical corpus (CC0).
Judges: Ervin, Wilkins, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.