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(District of New Jersey D.C. 01-cv-04183) - page 14 / 30

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clients. However, by the late 1700s, a new policy underlying the privilege took hold. Jurists reasoned that “to promote the freedom of consultation of legal advisers by clients, the apprehension of compelled disclosure by the legal advisors must

be removed . . ..” Id. at § 2291. This policy has modern justification for the privilege. Id. at §§

survived as 2290-91.

the

As we cross centuries to reach the Federal Rules of Evidence, we find that the common law development of the attorney-client privilege continues in the federal courts of the United States. Under FEDERAL RULE OF EVIDENCE 501, evidentiary privileges “shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience.” Rule 501

requires the federal courts, of an evidentiary privilege,

in to

determining the nature and scope engage in the sort of case-by-case

analysis

that

is

central

to

common-law

adjudication.

See

Upjohn

Co. this

v. United States, 449 U.S. 387, 396 (1981). Consistent with analytical dictate, federal courts have long recognized the

applicability of privileges for common law,”

the attorney-client privilege, “the oldest of the confidential communications known to the id. at 389, and it is well established that

“[c]onfidential disclosures by order to obtain legal assistance

a client to an attorney made in are privileged.” Fisher v. United

States, 425

U.S. 391, 403

(1976). The

policy

behind the

privilege is

equally well

established:

Full

and frank

communication

between

attorneys

and

their

clients

must

be

encouraged because the administration society depends upon the availability of in turn, the soundness of legal advice willingness to present full disclosures

of justice in a complex sound legal advice, and depends upon clients’ to their attorneys. See

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