A privilege defense is a legal theory in criminal cases in which a defendant's actions are justified prima facie by their social importance. A privilege exists whenever a defendant can show that his or her actions were motivated by an appropriate motive. The privilege doctrine is an ever-changing concept, with newly created privileges popping up all the time. This article will discuss two types of privilege defenses: absolute and qualified. It's important to understand each of these defenses and how they work to ensure that your case will not be dismissed based on a privilege claim. car wreck lawyers houston texas
First, the defendant needs to establish that there are specific documents or communications that are protected by attorney-client privilege. It must be clearly stated why a document is protected by this privilege, and it must include a reason why it is protected. An example of this would be a communication between attorneys at a defense law firm, which may be protected by ACP or AWP privileges. Alternatively, the defendant may have a privileged document that was produced by an outside party.
Another possible method of defending against a privileged document is to seek a presiding judge's dismissal. The trial judge has to take an active role in discovery management to protect the plaintiff's privilege. A successful privilege defense requires extensive briefing, strategy and judicial diligence. Plaintiff counsel needs to press the issue with the court to obtain aggressive judicial management. There are several ways to do this. You can either ask for a trial judge's opinion or seek the intervention of another attorney.