asserted holder privilege in Rhode Island

2017Furthermore, “[t]he privilege must be narrowly construed because it limits the full disclosure of the truth.” Callahan, 641 A.2d at 61 , The party asserting the privilege has the burden to set forth the following elements: “(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of st

2009Indeed, the elements that must be established in order to invoke the attorney-client privilege consist of the following: "`(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer ; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal service

2017Furthermore, “[t]he privilege must be narrowly construed because it limits the full disclosure of the truth.” Callahan, 641 A.2d at 61 , The party asserting the privilege has the burden to set forth the following elements: “(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of st

2009As a result, in order to properly invoke the attorney-client privilege, the following elements must be established: (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [a] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii)

2017Furthermore, “[t]he privilege must be narrowly construed because it limits the full disclosure of the truth.” Callahan, 641 A.2d at 61 , The party asserting the privilege has the burden to set forth the following elements: “(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of st

2009Indeed, the elements that must be established in order to invoke the attorney-client privilege consist of the following: "`(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer ; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal service

2017Furthermore, “[t]he privilege must be narrowly construed because it limits the full disclosure of the truth.” Callahan, 641 A.2d at 61 , The party asserting the privilege has the burden to set forth the following elements: “(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of st

1994The following elements must be met in order to invoke the attorney-client privilege: “(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (n) legal services or (iii) assistance in some legal proce

2017Furthermore, “[t]he privilege must be narrowly construed because it limits the full disclosure of the truth.” Callahan, 641 A.2d at 61 , The party asserting the privilege has the burden to set forth the following elements: “(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of st

1997See also State v. Von Bulow, 475 A.2d 995 (1984)(placing the burden of proving the applicability of the privilege on the party seeking to invoke it.) While recognizing that this privilege is to be narrowly construed because it limits the full and fair disclosure of the truth, Callahan v. Nystedt, 641 A.2d 58 (R.I. 1994), the privilege should not be "whittled away by fine distinctions" Williams v. Rhode Island Hospital Trust, 88 R.I. 23 , 143 A.2d 324 (1958).

2017The attorney-client privilege is a personal privilege, see Lapan v. Lapan, 100 R.I. 498, 503 , 217 A.2d 242, 246 (1966); therefore, only the client can implicitly or explicitly assert or waive the privilege.

2017The attorney-client privilege is a personal privilege, see Lapan v. Lapan, 100 R.I. 498, 503 , 217 A.2d 242, 246 (1966); therefore, only the client can implicitly or explicitly assert or waive the privilege.

2009(Emphases added.) It is axiomatic that "[t]he burden of establishing the existence of the attorney-client privilege rests on the party seeking to prevent disclosure of protected information." Rosati v. Kuzman , 660 A.2d 263 , 265 (R.I. 1995) (citing von Bulow , 475 A.2d at 1005 ); see also Gaumond , 909 A.2d at 517 (stating that "[t]he burden of establishing entitlement to nondisclosure rests on the party resisting discovery").

1997See also State v. Von Bulow, 475 A.2d 995 (1984)(placing the burden of proving the applicability of the privilege on the party seeking to invoke it.) While recognizing that this privilege is to be narrowly construed because it limits the full and fair disclosure of the truth, Callahan v. Nystedt, 641 A.2d 58 (R.I. 1994), the privilege should not be "whittled away by fine distinctions" Williams v. Rhode Island Hospital Trust, 88 R.I. 23 , 143 A.2d 324 (1958).

1997See also State v. Von Bulow, 475 A.2d 995 (1984)(placing the burden of proving the applicability of the privilege on the party seeking to invoke it.) While recognizing that this privilege is to be narrowly construed because it limits the full and fair disclosure of the truth, Callahan v. Nystedt, 641 A.2d 58 (R.I. 1994), the privilege should not be "whittled away by fine distinctions" Williams v. Rhode Island Hospital Trust, 88 R.I. 23 , 143 A.2d 324 (1958).

1994The following elements must be met in order to invoke the attorney-client privilege: “(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (n) legal services or (iii) assistance in some legal proce

1984In United States v. Kelly, 569 F.2d 928, 938 (5th Cir.), cert. denied, 439 U.S. 829 , 99 S.Ct. 105 , 58 L.Ed.2d 123 (1978),- the court set forth the requisite elements as “(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily ei

1984In United States v. Kelly, 569 F.2d 928, 938 (5th Cir.), cert. denied, 439 U.S. 829 , 99 S.Ct. 105 , 58 L.Ed.2d 123 (1978), the court set forth the requisite elements as "(1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is [the] member of a bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily eit