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Unpublished Paper
An Economic Justification for the Attoney-Client Privilege
ExpressO (2009)
  • Keith A Kendall, La Trobe University
Abstract

The attorney-client privilege is one of the oldest doctrines affecting legal practise. Notwithstanding its longevity, there have been regular calls for its abolition over the years. This paper reviews the literature calling for abolition and that favoring retention that utilize economic reasoning. Weaknesses on both sides are identified, with a new justification for retention put forward that addresses these weaknesses.

Keywords
  • attorney-client privilege
Disciplines
Publication Date
March 11, 2009
Citation Information
Keith A Kendall. "An Economic Justification for the Attoney-Client Privilege" ExpressO (2009)
Available at: http://works.bepress.com/keith_kendall/1/