legal case analysis

EXAMPLE OF STUDENT IRAC ANALYSIS (This is to show you the basic format only. If you happen to be assigned this same case do not

copy this example. Do your own analysis)

************************************************************************************************ Student Name Date ACCT 261-01 Ayers

IRAC Analysis United States v. Stewart (pg. __)

Issue(s) Issue 1 The issue in the case United State v. Stewart is whether or not Stewart has confidentiality rights to protect her from submitting an email she sent to her attorney and her daughter to the United States. For this case, the court is deciding if Stewart is protected by attorney-client privilege, or work product privilege. Issue 2 (or 3 or 4) (If there is more than one) Rule(s) Rule as to Issue 1

The United States argued that any attorney-client privilege Stewart had in this case was surrendered when she forwarded the email to a third party. The work product privilege states that all materials that an attorney is using to prepare for a case, are protected from subpoena.

Rule as to Issue 2 (or 3 or 4) (If there is more than one)

Analysis

Rule 1, Issue 1

The United States was right that Stewart had waived her attorney-client privilege, however, the work product privilege still applies unless she takes an

action that increases the risk that the United States would gain access to such materials. The court had to decide on whether or not forwarding the email to a close family member is considered an action that would increase such risk.

Rule 2 (or 3 or 4), Issue 2 (or 3 or 4) (If there is more than one)

Conclusion

The court ruled that Stewart did not in fact have to submit any emails to the United States, for use in court. The court found that forwarding an email to a close family member does not reasonably increase the risk that the government would gain access to it.

What I Learned from this Case

From this case I learned the finer details on both the attorney-client privilege, and the work product privilege. It helped illustrate both rules and how they are applied. I also learned how you can forfeit one right but not the other, and that an action such as sharing a document from your own legal case with a family member can void a protection you have against that document’s seizure.