Swidler & Berlin, et al. v. U.S, U.S. S. Ct., 4/1/1998. This Amicus Brief argues in light of Federal Rule of Evidence 501's "reason and experience" an absolute, rather than qualified, posthumous privilege is necessary. Additionally, the court erred in applying the lax work-product standard for purely factual information to mental-impression work product, and allowed the disclosure of factual material in the lawyer's notes revealing his thoughts and legal strategies.
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