ATTORNEY - CLIENT PRIVILEGE DESKBOOK
Deskbook
ITEM #:  50092220   |   PUBLISHED:  NOVEMBER 8, 2019
STANDARD PRICE
$189.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

PRE-ORDER TODAY!
Hard copy deskbook including the 2019 update to be released by the end of November. LinkedLaw deskbook access available immediately, with update seamlessly incorporated when released.

Attorney-Client Privilege Deskbook, 1st Edition

Edited by Sybil L. 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 Experts; 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.

2019 UPDATE
The 2019 Update to the Attorney-Client Privilege Deskbook features:

  • 15 (of 16) chapters fully revised and updated!
  • NEW discussion on the amended Minnesota Rule of Evidence 502 regarding waiver in a state court proceeding and inadvertent disclosure
  • NEW information regarding attorney collection of documents and deposition kits
  • NEW section on the scope of protection for drafts of expert reports
  • NEW section regarding attorney-client privilege in subrogation actions
  • NEW analysis of international cases from North and South America
  • Over 40 NEW cases decided in federal, state, and international courts
  • And much, much more!


BUNDLE AND SAVE!

Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

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?
– Jason P. Hungerford & Kaitlin F. Eisler

CHAPTER 3
Elements of Privilege: The Privileged Person
The Client; The Client’s Attorney; Agents of Attorney
– Sara Gullickson McGrane, Meggen E. Lindsay & Zachary A. Alter

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
– Aram V. Desteian & Molly B. Hough

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 D. Hauswald

CHAPTER 7
Exceptions to the Attorney-Client Privilege
Introduction; Crime-Fraud Exception; Fiduciary Exception; Other Exceptions
– Rachhana T. Srey, Reena I. Desai, Caroline E. Bressman & Ben J. Bauer

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 D. 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 & Michael M. Sawers

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; Subrogation 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 H. 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

  • Talking Points for Discussing Attorney-Client Privilege with Clients
  • Sample Upjohn Warning
  • Sample Confidentiality Notice
  • Working with the Press: Controlling Your Message

HARD COPY:  $189
LINKEDLAW:  $125 for 1-year subscription

Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

Other discounts that may apply:

Quantity discount:
Please email customerservice@minncle.org or call 800-759-8840 to inquire about bulk orders.

STANDARD PRICE
$189.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

PRE-ORDER TODAY!
Hard copy deskbook including the 2019 update to be released by the end of November. LinkedLaw deskbook access available immediately, with update seamlessly incorporated when released.

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