Federal Rule of Evidence 501 provides for the application of the attorney?client privilege in federal court. The Rule provides that in “federal?question” cases, the federal court will apply the federal common law of privilege. In diversity cases, the federal court will apply the privilege applicable in the appropriate state court. A conflict arises between use of the state and federal privileges in cases involving both federal and state law issues, such as federal?question cases with pendent or supplemental claims. Courts have held that the federal law of privilege applies to both the federal claim and to the pendent state claim. Some states have codified the phrase "representative of the client" to mean: a person having authority to obtain professional legal services, or to act on advice rendered pursuant thereto, on behalf of the client. In this video our speaker, John A. Snow, also reviews the United States Supreme Court Standard 503.
John A. Snow is an attorney with Prince Yeates. His practice consists of general civil litigations, including commercial, professional malpractice, construction, insurance coverage and defense. Mr. Snow is the chair of the Ethics Advisory Opinion Committee of the Utah State Bar.
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