Frequently in litigation in the federal courts, discovery of papers, documents and the like in the possession of the opposing client or his attorney is requested. Just as frequently, discovery of much of the requested materials is resisted on the grounds that it is privileged. The Federal Rules of Civil Procedure, while permitting liberal discovery of evidence, recognize privileged material as an exception. What is or is not privileged within the meaning of that term as used in Rule 34 of the Federal Rules of Civil Procedure, is to be determined by the law of evidence. One of the notable privileges recognized in the law of evidence concerns communications between an attorney and his client.
The Attorney-Client Privilege and Its Application to Patent Attorneys,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol2/iss2/7