This article provides an example-based discussion on whether an analysis on preventative legal analysis of future potential claims is protected by the work-product doctrine. Learn to determine if the document will be considered work-product in anticipation of litigation and protected by privilege.
The author walks you through how the corporate attorney-client privilege is eroding in today's world of corporate transparency, discusses the effects of these changes on companies, and concludes with a call to arms.
This article explains that depending on how you handled the document production, inadvertently produced documents may retain their privileged status after disclosure. Also, depending on how obvious their privileged nature is, opposing counsel may have an ethical obligation to refrain from using them until a court finds a waiver has occurred.
Are communications with your insurer protected from third party disclosure? Maybe so, maybe not. The modern rule is that, in order to be protected from compelled disclosure, the communications must clearly fall within the ambit of one of the traditional privileges: the attorney-client privilege, the work product doctrine, or the “common interest” extension of the foregoing protections.
This article offers practical guidance on recognizing an ethical dilemma or conflict when you're facing it, and gracefully navigating your way through it.
This article describes the problems that the European Commission's approach to the attorney-client privilege creates and what counsel should do to ameliorate those problems.
Flip the coin for a change: what are your employment rights as in-house counsel? May in-house counsel sue the employer?
An examination of the crucial attorney-client privilege and work product doctrine, including building confidentiality into your contracts, unilateral disclosure by an attorney, limited waiver, and electronic attorney-client communications.
A summary of ACC’s 1999 efforts to support your ability to practice effectively and efficiently. Read and to share this article with your clients.
There’s no doubt that the attorney-client and work product privileges are critical tools to ensure that your clients receive optimal advice. In this decidedly different strategy regarding the use of privilege, however, Laura Effel, of Baker & McKenzie, demonstrates why you may want to think twice about conducting certain privileged investigations.