Attorney Client Privilege Concepts

Attorney Client Privilege Concepts

The purpose for Attorney -client privilege is to encourage open communications between the attorney and client. Every client of every attorney-regardless of the legal advice or assistance sought-is subject to discovery demands that could reveal privileged information.

Attorney-Client Privilege concepts traces the historical development of the attorney-client privilege, of court interpretations and the scope of protection. There are problem areas for claiming the privilege; traditional exceptions to the privilege; waiver issues; e-mail and the privilege; the availability of the privilege in shareholder suits, in the partnership context, and for special committees of boards of directors; and alternative forms of protection, such as the trade secrets privilege and statutory measures.

Main issues in attorney-client privilege:

  • Attorney-Client Privilege: Historical Developmen. Law of witnesses
  • Barristers, attorneys, and solicitors
  • Constitutional issues in the Union States. First Amendment right to free speech. Fourth Amendment protection against unreasonable searches and seizures. Fifth Amendment privilege against compelled self-incrimination. Fifth Amendment right to Due Process . Sixth Amendment right to eective assistance Of Counsel . Sixth Amendment right of the accused to confront the witnesses against him
  • Procedures in Attorney Client privilege cases
  • Condentiality agreements
  • US Rule 501 and Choice of Law on Attorney Client Privilege
  • Which portions of communications will be privileged?
  • What constitutes legal advice or assistance?
  • Other Protections for Confidential Corporate Information

1. Trade secrets
2. Statutory protection
3. Work-Product Doctrine

  • Availability of Attorney Client Privilege to Corporations
  • Client Identity
  • Communications Covered by the Corporation’s Privilege
  • Upjohn Co. v. United States case
  • Acting as Attorney
  • Inside Counsel
  • Outside Counsel
  • Effect of Non-Membership in Local Bar
  • Associates, Paralegals, Secretaries
  • Communications Between Attorney and Client
  • Existence of Attorney-Client Relationship
  • Inter-Attorney Communications
  • Communications Made in Confidence
  • Waiver of Privilege. Voluntary Waiver; Failure to Claim Privilege
  • DOJ Corporate Waiver Guidelines
  • Corporate Internal Investigations
  • Privilege Logs
  • Inadvertent Disclosure
  • Required Disclosures
  • Fax and E-Mail Communications and the Attorney Client Privilege
  • Traditional Exceptions to Privilege. Prospective Crime or Fraud. Intentional Torts, Joint Attorney & Defense
  • United States: Impact of the Sarbanes-Oxley Act and the Amendments to the Ethics Rules
  • Rejection of Unavailability Exception
  • Access to Privileged Materials by General Partners and by Limited Partners
  • US IRS Investigations/Tax Shelters. Taxpayer Privileged Communications, Statutes and The Section 7525
  • Bill of discovery’s limitation and Exception to bill of discovery
  • Radclie v. Fursman case
  • Litigation limitation in the United States of the Attorney-client privilege
  • Duration of Attorney Client privilege
  • Bar membership and the privilege
  • Agent of attorney. His obligation to preserve condentiality of client’s communications
  • Foreign attorneys and the privilege
  • Jailhouse lawyers
  • Tax practitioners (including accountants)
  • Lawyer who is accountant
  • Trademark agents and the privilege
  • Witness and the privilege
  • Should attorney-client privilege be available to corporations?
  • “Control group” test, its problems and alternatives (“Subject matter” test)
  • Communications between parent and subsidiary corporations
  • Who may waive corporation’s attorney client privilege?
  • What wrongs preclude application of privilege?
  • Shareholder actions against directors
  • Burden of persuasion and the privilege
  • Director’s counsel versus corporation’s counsel
  • Who can waive the Attorney’s privilege?
  • Voluntary disclosure or use of privileged communications
  • Use of attorney’s client privilege in communications into litigation
  • Inadvertent disclosures. What constitutes inadvertence?
  • “Community of interests” in joint or common defense
  • Attorney’s privilege in Trusts and Unincorporated entities (Trade associations and partnerships)
  • Direct protection for client to attorney communications; derivative protection for attorney to client communications
  • Expanding direct protection to attorney communications
  • Communications from attorney’s agent to attorney or client
  • Must document authored by attorney be communicated to client for protection to apply?
  • Preparatory communications and Pre-existing documents; copies of business correspondence
  • Confidentiality
  • Technical and public information within attorney-client communications not protected

The Privilege in the world:

  • Attorney Client Privilege in Asia
  • Attorney Client Privilege in Europe
  • Attorney Client Privilege in the United States
  • Attorney Client Privilege in Latin America




See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Attorney Client Privilege Tags, Attorney, Due Process, Of Counsel, Some Attorney Client Privilege Tags, Some Attorney Client Privilege Topics.



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