Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: Although a mere allegation is insufficient, the burden for establishing a prima facie case of the attorney-client crime-fraud exception is low — reasonable cause (i.e., more than suspicion but less than preponderance-of-evidence) to believe that the attorney’s services were utilized in furtherance of the… Read more
1. Attorney-Client
Harold C. Lane, Jr., v. Sharp Packaging, 2002 WI 28, on certification Issue/Holding: Work-product is a “qualified privilege” to refuse disclosure of materials generated by counsel in anticipation of litigation that only gives way upon showing of substantial need along with undue hardship in obtaining the substantial equivalent through other means. ¶61. The trial court erroneously exercised… Read more
In Re: A Witness Before the Special Grand Jury, 288 F.3d 289 (7th Cir. 2002) Issue/Holding: Privilege between government lawyer and client — state agency — does not extend to criminal proceedings such as grand jury investigation… Read more
In re Petition for Subpoena of Documents: Ramiro Estrada v. State, 228 Wis.2d 459, 596 N.W.2d 496 (Ct. App. 1999) For Estrada: Keith A. Steckbauer Holding: An alleged sexual assault perpetrator’s wife videotaped an interview with the complainant, after an attorney told them it would be helpful to know more about the allegations. The court of… Read more
State v. Robert J. Nichelson, 220 Wis. 2d 214, 582 N.W.2d 460 (Ct. App. 1998) For Nichelson: Paul M. Moldenhauer Issue/Holding: fn. 8: The State’s right to question a defendant’s attorney when the defendant alleges that the attorney failed to properly inform him or her before entering a plea is established in State v. Van… Read more
