The Attorney Client Privilege Under Siege

Drawn from papers originally presented at Tort and Insurance Practice Section Spring Meeting May 10-14, 1989 Lake Buena Vista, Florida.

Rev. ed. of : The attorney-client privilege under siege. c1989.

Previous editions published : 1997 (2nd) and 1989 (1st).

The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.

Written especially with the practitioner in mind, this revised edition provides guidance for understanding and handling the many complexities of attorney-client privilege and confidential communication in the corporate setting.Chapters in this practical guide are written by a team of professionals with diverse experience and background. The authors illustrate, and in many cases offer solutions to, those problems being addressed through the application and interpretation of the attorney-client privilege and the attorney work-product doctrine. Although seemingly simple in definition, the interpretation of these two principles is increasingly being tested as new legal entities are created and modern technology is employed in today's legal environment.Sharing their insights and expertise on the most important aspects of protecting the free flow of information between attorney and client, the book's authors cover these key topics and more:Guidance for corporate counselPerspectives on the attorney-client privilege and the work-product doctrineConfidentiality and how it relates to the attorney-client privilegePreserving candor between lawyers and clientsDefining fair game in the e-discovery era and how to protect your clientProtecting attorney-client privilege in specific situations, including during an internal investigation, in bankruptcy cases, in communications between insureds and insurance carriers, and in patent litigationThe intersection of privilege and hired media consultants, and moreMany chapters include useful appendices, including a 50-state survey of attorney-client privilege, forms, table of cases, and supplemental and illustrative documents.

This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation.

Attorney-Client Privilege Answer Book is a practical resource for attorneys and clients seeking to understand the most significant privilege in the practice of law. The book, written in question-and-answer format, examines the boundaries of the privilege, providing guidance on issues that attorneys grapple with on a regular basis as to what is -- and is not -- covered by the privilege, and how the privilege is protected and lost.Among the topics receiving in-depth treatment are what constitutes "attorney," "client," and "communication" for purposes of the privilege; choice-of law issues; waiver; and exceptions to the privilege. The 2018 edition is updated and expanded throughout, reflecting the most current state of the law. New material in the 2018 edition includes: - New discussion of the "functional equivalent" test regarding whether the privilege applies to communications between independent contractors working for a company and the company's lawyer- New discussion of whether emails that an employee sends to his or her attorney using his or her employer's system are confidential- Updated guidance on preventing waiver of the privilege when privileged documents are inadvertently produced during discovery, using mechanisms provided by Federal Rule of Evidence 502