24-11-2018, 09:11 PM
Mr. Kowalski: I was struck by a more fundamental problem. If a lawyer dies, the client papers are put into the custody OF ANOTHER LAWYER. Privilege in that case means that only a lawyer (bound by legal ethics) can see them.
The Archives personnel aren't lawyers. Every time an Archivist looks at a client letter from Bloomfield, that client's privilege is being violated.
Theoretically these paper, if privileged, should be preserved FOR ETERNITY in the custody of an attorney. I don't see how an archives can even claim they are preserving lawyer-client privilege by having custody of the papers. They aren't themselves lawyers.
Legally, why is their having the papers any different than you having them? Doesn't add up to me.
James Lateer
The Archives personnel aren't lawyers. Every time an Archivist looks at a client letter from Bloomfield, that client's privilege is being violated.
Theoretically these paper, if privileged, should be preserved FOR ETERNITY in the custody of an attorney. I don't see how an archives can even claim they are preserving lawyer-client privilege by having custody of the papers. They aren't themselves lawyers.
Legally, why is their having the papers any different than you having them? Doesn't add up to me.
James Lateer