Major Announcement: LexisNexis Publishes Presnell and Arth’s Evidentiary Privileges Treatise

I am thrilled to announce the publication of Privileges and Protections: Tennessee and Sixth Circuit Law. My former law partner turned law professor Kristi W. Arth and I completed this years-long journey and are delighted that LexisNexis/Matthew Bender added this treatise to its comprehensive collection of legal publications.

A first-of-its-kind publication, the 700+ page Privileges and Protections contains 16 chapters addressing over 40 evidentiary privileges or related protections plus an extensive examination of conflict-of-laws issues and of the historical origins and development of evidentiary privileges from English common law to federal common law to Tennessee statutory and common law.

Privileges and Protections is a combination legal treatise and desk-reference book.  Kristi and I structured each chapter to accomplish two objectives. First, each chapter provides quick privilege answers upfront for judges and lawyers with limited time to address an issue.  Second, each chapter backs up and supplies detailed information about the purpose, development, exceptions, and open questions related to that particular privilege for judges and lawyers who wish to devote more time and careful study to the privilege issue.

This book will serve as the go-to resource for trial judges, appellate judges, trial lawyers, transactional lawyers, in-house counsel, law professors, law students, and other legal professionals who need a practical guide for applying evidentiary privileges, an in-depth treatment of the history and the policy rationales underlying those same privileges, or recommendations for the further advancement of the many unanswered questions in this heavily litigated and complex area of law.

Kristi and I are honored that William C. Koch, Jr., a former Tennessee Supreme Court Justice and current Dean of the Nashville School of Law, authored the Foreword explaining why “the subject of evidentiary privileges is an acquired taste” and concluding this—

With the publication of Privileges and Protections: Tennessee and Sixth Circuit Law, the bench and bar now have a single, authoritative point of entry into the workings of evidentiary privileges.

We agree! And if you wish to have this new comprehensive resource on your bookshelf or at your fingertips through an eBook (epub or mobi files), please visit the LexisNexis site, accessible here, for ordering information.

I do not have the words to adequately express my gratitude to the many lawyers who provided support and encouragement throughout this endeavor.  The lawyers at my law firm, Bradley, have my deepest appreciation for researching discreet topics and editing my drafts.  And while I cannot mention everyone individually, I wish to highlight a select few.

Bob Parsley, a terrific lawyer and legal writer at Miller & Martin, provided invaluable support, editing, and advice during the early stages. John Day, a prolific writer and leader in the American College of Trial Lawyers, offered sage advice throughout my venture.  Jonathan Steen, an excellent lawyer and genuine “good guy,” supported my efforts for several years.  Matt Blackburn, now working as an AUSA, supplied instrumental research and writing contributions on a difficult area.  And David Greenwald, co-author of Testimonial Privileges, encouraged me even if he may not know it.

Most of all, I am eternally grateful for my friend and colleague Kristi Arth.  After years of legal research and writing and with 11 completed chapters and 2 in the works, I still did not see the finish line.  Kristi saw the value of this publication to the bench and bar and eagerly joined me in completing the work and making it the substantive treatise that I envisioned.  This book is as much hers as mine.