Maritime Procedure: An Overview and a Caution Regarding Privilege Waiver

Article by Warren J. Marwedel, Mark O. Kasanin, and Mark K. de Langis

This Article gives a sweeping overview of myriad procedures normally identified with, or endemic to, the practice of maritime law. Part II focuses on admiralty jurisdiction, sources of admiralty law, and interlocutory appeals. Part III discusses the special admiralty rules found in the Supplemental Rules for Certain Admiralty and Maritime Claims to the Federal Rules of Civil Procedure. Part IV covers various procedural and practical topics, from maritime arbitration to evidentiary rules and everything in between. Part V is devoted to an alarming trend, the government's increasing insistence that potential criminal defendants waive the attorney-client privilege and work product doctrine as a measure of their cooperation in government investigations. Part V discusses the genesis and development of this policy and provides a valuable background for those maritime practitioners whose work leaves them outside the criminal arena.


About the Author

Warren J. Marwedel. Warren J. Marwedel is a graduate of The United States Merchant Marine Academy at Kings Point. After graduation, he served in the Vietnam Sealift as a licensed deck officer. He received his law degree from Loyola University of Chicago and is the senior partner in the law firm of Marwedel, Minichello, and Reeb, P.C. He specializes in admiralty and maritime law and is general counsel to the United States Great Lakes Shipping Association, a group representing the International Shipowners and Operators plying the Great Lakes. Mr. Marwedel is also President of the Marine Navigation and Training Association and Captain of its sea cadet training vessel M/V MANATRA, a former naval yard patrol craft.

Mark O. Kasanin. Partner, Bingham McCutchen (San Francisco). LL.B., Yale Law School; B.A., Stanford University. Mr. Kasanin served ten years as a member of the Federal Civil Rules Advisory Committee of the Judicial Conference of the United States. He is a member of the Advisory Board of the Tulane Admiralty Law Institute and of the Maritime Law Association of the United States. He is a Fellow of the American College of Trial Lawyers and currently chairs the Technical Advisory committee of the San Francisco Bay Area Water Transit Authority.

Mark K. de Langis. Mark K. de Langis, formerly associated with the law firm of McCutchen, Doyle, Brown & Enersen, San Francisco, is founder and principal of Lucas Valley Law, San Rafael, California. J.D. 1997, cum laude, University of San Francisco School of Law; B.A., University of Nevada Reno. He is a member of the Maritime Law Association of the United States.

Citation

79 Tul. L. Rev. 1421 (2005)