Friday, October 13, 2006

Let the Midterm Begin!

Day 1 of our contracts take-home midterm, and what did I do this afternoon? I read the Supreme Court's decision on the Whitewater Special Counsel's attempt to get notes from Vince Foster's attorney. 524 U.S. 399 (1998). What does this have to do with contracts? Not a blessed thing.
Attorney/Client: A Scheme Deferred

What happens to the Privilege
When the client’s died?

Does it lie there in the sun
Like a raisin, dried?

Or limp like a discarded sock
That’s not been mended-
And you wonder, why save it?

Does it last till the estate’s been ended?
Or till the heirs agree to waive it?

What if it covers up a crime
Like a coat of grime—

Can it be overcome
by a subpoena or Grand Jury?

When need the lawyer worry?
Is it never?

Turns out the Privilege lasts forever.


At 8:22 AM, Blogger MT said...

Isn't this more of a Civ Pro issue? As in "work product"? (Touched me profoundly nonetheless ["nevertheless"? I've tried and failed to discover a distinction, but there's got to be one]

At 11:32 AM, Blogger Filch said...

Totally Civ Pro. Except insofar as it analogizes to the right to privacy or that nebulous and unmoored "right to publicity" I keep hearing about.

(The National Park Service, in a related case, didn't have to hand over photos of the Foster suicide scene on a FOIA request, on grounds that release of the photos would be adverse to the family's right to privacy.)

According to both Merriam-Webster (online) and Random House Webster's (paper), "nonetheless" merits only a one-word definition, namely: "nevertheless." But I concur, there must be a distinction, if not a difference. Let me know if you find it.


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