Legal Opinion

In re McDowell

United States Bankruptcy Court, S.D. Texas

Decided November 16, 2012No. 12-31231-H4-7Published

1Opinion of the Court

MEMORANDUM OPINION REGARDING UNITED STATES TRUSTEE’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS CLAIMED AS PRIVILEGED BY FRANK MCDOWELL AND LORI MCDOWELL

JEFF BOHM, Chief Judge.

I. Introduction

At common law, attorney-client communications are protected from diselo-sure, with the purpose of this privilege meant to “encourage full and frank communication ... and thereby promote [the] broader public interests in the observance of law and administration of justice.” Upjohn Co. v. United States, 449 U.S. 383, 389, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981). Similarly, the “work-product doctrine” is meant to…

2Cases cited63 opinions

  1. Wainwright v. WittSupreme Court of the United States · 1985
  2. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  3. Stern v. MarshallSupreme Court of the United States · 2011
  4. Fisher v. United StatesSupreme Court of the United States · 1976
  5. United States v. NoblesSupreme Court of the United States · 1975

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