Edited by Sybil Dunlop & Jenny Gassman-Pines
The Attorney-Client Privilege Deskbook includes 16 chapters covering all aspects of Attorney-Client Privilege, including: chapters on each element of the privilege (A Communication; Privileged Persons; Made in Confidence; and Seeking Legal Advice); Common Interest Doctrine, Joint Defense Exception, and Joint Client Exception; Exceptions to Attorney-Client Privilege; Waiver of Privilege; The Work Product Doctrine; Privilege in Internal and External Investigations; Privilege and Work Product for Insureds and Insurance Carriers; Privilege Logs and Documenting Privilege; Litigating Privilege; International Considerations; and Privilege and the Press.
The Deskbook, written and edited by experienced and highly respected practitioners, includes detailed analysis of case law, statutes, and court rules to help attorneys navigate this complex and dynamic aspect of practice. Written with the practicing attorney in mind, this Deskbook will provide you with valuable insight and practice-based information, including ethical considerations, practice tips, sample forms, and more! The Attorney-Client Privilege Deskbook will help ensure that every attorney understands privilege and the impact it has on their clients and cases.
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CHAPTER 1
General Principles of Attorney-Client Privilege
Introduction; Standing; Survival of the Attorney-Client Privilege; Relationship Between Privilege and Attorney Ethical Obligations
– Brooke D. Anthony
CHAPTER 2
Elements of Privilege: A Communication
Introduction; Defining “Communication”; Communications From the Client; Communication From an Attorney; Communications Among Client-Employees; What is Not Privileged?
– Jen Cornell & Jason P. Hungerford
CHAPTER 3
Elements of Privilege: The Privileged Person
The Client; The Client’s Attorney; Agents of Attorney
– Sara Gullickson McGrane, Meggen E. Lindsay & James G. Sadkovich
CHAPTER 4
Elements of Privilege: Made in Confidence
Introduction; Intention to Maintain Confidentiality; Presence of Third Parties; Settlement Discussions; Electronic Communications; Appendix A – Talking Points for Discussing Attorney-Client Privilege with Clients; Appendix B – Sample Upjohn Warning; Appendix C – Sample Confidentiality Notice
– Bryan R. Browning & Maria Brekke
CHAPTER 5
Elements of Privilege: Seeking Legal Advice
Defining Legal Advice; When is an Attorney Giving Legal Advice?;
– Kate S. Razavi & Doowon Chung
CHAPTER 6
Common Interest Doctrine, Joint Defense Exception, and the Joint Client Exception
Introduction; The Communication Must First Meet Elements of Attorney-Client Privilege; Definitions; The Common Interest Doctrine and Joint Defense Exception; Asserting the Common Interest Doctrine/Joint Defense Exception; The Joint Client Exception; Waiver; Ethical Considerations; Conclusion
– Kelvin D. Collado & Patrick Hauswald
CHAPTER 7
Exceptions to the Attorney-Client Privilege
Introduction; Crime-Fraud Exception; Fiduciary Exception; Other Exceptions
– Rachhana T. Srey & Reena I. Desai
CHAPTER 8
Waiver of Privilege
Introduction; Power to Waive Privilege; Express Waiver; Inadvertent Waiver; Implied Waiver; The “At-Issue” Doctrine; Scope of Waiver
– Karen L. Beckman, Ph.D. & Rachel C. Hughey
CHAPTER 9
The Work Product Doctrine
Source, Purpose, Rationale, and General Construction; Definition and Elements; Applying Work Product Principles; Expert Work Product; Compelled Disclosure of Work Product; Relationship Between Privilege and Work Product Doctrine
– Ben Kappelman
CHAPTER 10
Attorney-Client Privilege in Internal and External Investigations
Introduction; Overview of Attorney-Client Privilege and Work Product Considerations in Investigations; Protected Persons; Investigation Interviews; Investigation Reports; Disclosure Considerations; Common Interest Considerations in the Investigation Context
– Karl C. Procaccini & Staci L. Perdue
CHAPTER 11
Privilege and Experts
Introduction; Reporting Requirements Before 2010; Reporting Requirements After 2010; Consulting or Non-Testifying Experts; Testifying Experts; Difference Between Testifying Experts and Consulting or Non-Testifying Experts; What is a Dual-Role Expert?; How Does the Work Product Privilege Affect Different Types of Experts?; Fear of Bias; Best Practices When Dealing With Testifying and Non-Testifying Experts; Conclusion
– Terrance C. Newby
CHAPTER 12
Privilege and Work Product for Insureds and Insurance Carriers
Privilege and Work Product for Insureds and Insurance Carriers; Defense Lawyer Tripartite Relationship; Coverage Counsel
– Hannah G. Felix
CHAPTER 13
Privilege Logs and Documenting Privilege
Privilege Logs Generally; Applicable Rules; Agreements and Assertions of Privilege; Crafting Privilege Logs; Conclusion
– Damien A. Riehl
CHAPTER 14
Litigating the Attorney-Client Privilege: Protecting and Defending the Client’s Confidentiality
Introduction; Discovery; Protecting and Safeguarding Privileged Material; Motion Practice, Procedure, and Trial; Constitutional Issues; Appellate Review
– Caitlinrose Fisher & Chad Pennington
CHAPTER 15
International Considerations
Introduction to International Privilege Considerations; High-Level Overview of International “Privilege” Laws; Practical Considerations for Handling Privilege in International Legal Matters; Conclusion
– Lousene M. Hoppe
CHAPTER 16
Privilege and the Press: A Different Kind of Privilege
Introduction; Prior Restraint; Newsgathering and Shield Laws; Source Confidentiality; Fair Report Privilege; Defamation; Appendix A – Controlling Your Message
– Barbara L. Jones
Table of Authorities
Subject Index
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