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Evidence Keyed to Best
In re Motion to Quash Bar Counsel Subpoena
Citation:982 A.2d 330 (2009).
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Libby was requested to review documents relating to a claim one of the firm’s partners may have stolen client funds. Libby conducted his own investigation, writing memos and detailing his findings. He then resigned from the firm, and reported his general findings to the state bar, as he believed his findings may have revealed criminal activity by the firm’s partners. He believed the information was not protected by the attorney-client privilege, but did not disclose the details of his findings as he acknowledged the firm believed the information to have been privileged and confidential. After receiving the report, the state bar issued a subpoena to Libby to produce the information and documents. The firm moved to quash the subpoena. Both parties agreed to have a justice on the Maine Supreme Judicial Court review the documents in camera to determine the applicability of the attorney-client privilege. The justice found Libby may have uncovered criminal activity by the firm, thus preventing the firm from asserting the attorney-client privilege.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.