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 & Christopher T. Ruska

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 & Kiralyn J. Locke

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 & 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
– 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

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; Choice of Law Considerations; 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

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