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.
The 2021 Update to the Attorney-Client Privilege Deskbook includes updates to 14 of the Deskbook’s 16 chapters. The Update includes brand-new case law and discussion regarding client notes, communications with consultants and trade association members, privacy in corporate email accounts, the common interest privilege, the fiduciary exception, Zoom hearings, the anticipation-of-litigation requirement, internal investigations, expert reports, privilege logs, international considerations, and the fair report privilege. The 2021 Update to the Attorney-Client Privilege Deskbook brings your Deskbook fully up to date, saving you valuable time otherwise lost to research.
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.
General Principles of Attorney-Client Privilege
Introduction; Standing; Survival of the Attorney-Client Privilege; Relationship Between Privilege and Attorney Ethical Obligations
– Brooke D. Anthony
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
Elements of Privilege: The Privileged Person
The Client; The Client’s Attorney; Agents of Attorney
– Sara Gullickson McGrane, Meggen E. Lindsay & Zachary A. Alter
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 & Kaitlyn Hennessy Kulseth
Elements of Privilege: Seeking Legal Advice
Defining Legal Advice; When Is an Attorney Giving Legal Advice?
– Kate S. Razavi
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
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
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
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
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
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
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
Privilege Logs and Documenting Privilege
Privilege Logs Generally; Applicable Rules; Agreements and Assertions of Privilege; Crafting Privilege Logs; Conclusion
– Damien A. Riehl
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
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
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
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:
Please email email@example.com or call 800-759-8840 to inquire about bulk orders.
Take Your Deskbooks to the Next Level With LinkedLaw
Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw Deskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw Deskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book.
And, with a LinkedLaw Deskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw Deskbook, becoming instantly available at no extra cost.
LinkedLaw Deskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!
Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.
Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.
LinkedLaw Deskbooks can be accessed on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.
LinkedLaw Deskbooks also can be accessed on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.
The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw Deskbook.
Test your system by viewing this LinkedLaw Deskbook sample:
I understand and agree to the following:
The LinkedLaw Deskbook subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw Deskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw Deskbook during your subscription period. Sections of the Deskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw Deskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.
Disclaimer and Limitation of Liability:
Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.
The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.
Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.
Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.
Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.
This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.
What is the difference between the LinkedLaw Deskbook Library and the LinkedLaw Deskbook Premium Library?
The LinkedLaw Deskbook Premium Library contains one additional Deskbook, the best-selling Drafting Wills and Trust Agreements LinkedLaw Deskbook.
Do I need any special hardware or software to access LinkedLaw Deskbooks?
LinkedLaw Deskbooks can be used accessed with any Internet browser on any device. Some tools like copy/paste may not be available on mobile devices. Test your system by viewing the LinkedLaw Deskbook sample.
May I preview a LinkedLaw Deskbook before deciding to subscribe?
You are welcome to give the LinkedLaw Deskbook sample a test drive!
May I purchase a LinkedLaw Deskbook or LinkedLaw Library Subscription over the phone?
No, purchasing a subscription online is how you activate the link to access an individual LinkedLaw Deskbook or the LinkedLaw Deskbook Library.
Can I be invoiced for a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription?
No, subscriptions must be purchased and paid for online.
Is the length of my subscription rounded off to the nearest week or month?
No, your subscription will run one full year (or month, if a monthly subscription is chosen), to the day. You can see the expiration date of your subscription under My Account > eResources & Publications.
Once I’ve purchased a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription, how do I access it?
Log into your account on the Minnesota CLE website and go to My Account > eResources & Publications.
If you've purchased an individual LinkedLaw Deskbook, click the VIEW button by the LinkedLaw Deskbook title in the "Active Online Publications" section.
If you've purchased a LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library subscription, click the ACCESS button in the "LinkedLaw Deskbook Library Subscription" section.
Will I always have access to the LinkedLaw Deskbooks?
Yes, you will always have access to the LinkedLaw Deskbook as long as you have an active individual subscription to the LinkedLaw Deskbook or if you have an active LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library subscription.
Do I need to purchase updates for my LinkedLaw Deskbook?
No, any update or new edition published during your subscription period is included at no extra charge and will be incorporated automatically and seamlessly into the LinkedLaw Deskbook.
Can I download the forms in a LinkedLaw Deskbook?
Yes, and we recommend that you download all of the forms in your LinkedLaw Deskbooks so you can use them without Internet access.
Why won't my eforms download when using Google Chrome? What should I do?
Google has started to block the download of certain types of content in its latest versions of Chrome. One option you have is to switch to a different browser. To continue using Chrome, you can try the following:
Copy and paste chrome://settings/content/insecureContent into your Chrome browser address bar. In the "Allow" section, click the Add button. An "Add a Site" pop-up box should appear. Enter www.minncle.org in the box and click the Add button. You should now be able to open and download your eforms.