Attorney–Client Privilege and Work Product Protection: Avoiding Litigation Pitfalls

The attorney–client privilege is perhaps the most important challenge that attorneys face on a daily basis. Confidentiality is at the heart of the practice of law, and the intent of the privilege is to encourage full disclosure by the client. Maintaining the privilege is crucial.

Attorneys often equate the work product doctrine with the attorney–client privilege, despite the dramatic differences between the two. Failure to understand these differences can be damaging, and there are many areas where confidentiality can be jeopardized.

It is critical that both client and counsel understand the privilege, take steps to avoid the areas where privilege is commonly destroyed, and implement best practices to maintain confidentiality.

Listen as our authoritative panel of litigation specialists examines common pitfalls, waiver of the privilege, work product protection, the differences between the privilege and work product doctrine, and best practices for maintaining confidentiality.

The panel included:

David M. Greenwald, Partner, Jenner & Block, Chicago. He is a member of the firm’s Litigation Department and White Collar Criminal Defense and Counseling Group. He represents clients in complex litigation, including internal investigations.

Douglas R. Richmond, Senior Vice President, Aon Risk Services, Chicago. He advises law firm clients on professional responsibility and liability issues. Before joining Aon, he was a partner in a large law firm and had a national trial and appellate practice.

Stuart M. Altman, Partner, Hogan & Hartson, Washington, D.C. He is experienced in litigation relating to corporate governance, including representing targets, acquirers, and financial institutions in takeovers and representing clients in shareholder disputes. He focuses on white-collar criminal investigations and defense. He conducts internal investigations for companies facing potential criminal and civil liability and advises on minimizing liability.

The panel reviewed these and other key questions:

• Which communications and documents within the attorney–client relationship are protected and which are not?
• Does the attorney–client privilege extend to former employees of the client?
• How do joint defense relationships jeopardize confidentiality?
• What steps should counsel and clients take to maintain confidentiality of communications and documents?

*******************************************************************************

TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).

• Regular Price - $297 (plus $9.45 S&H)


• With Teleconference Registration – an additional $75 (plus $9.45 S&H)