Witness Preparation: Attorney-Client Privilege and Work Product Challenges
Reconciling the Demands of FRCP 26(b) and FRE 612(2) When Preparing Witnesses for Deposition and Trial
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, July 24, 2012
Recorded event now available
This CLE webinar will provide litigators with an analysis of key issues relating to attorney-client privilege and the work product doctrine when preparing witnesses to testify at deposition and trial. The panel will outline best practices for preserving and maintaining the privilege and protecting work product.
Description
When preparing witnesses for deposition and trial, counsel faces a number of pitfalls that can result in waiver of the attorney-client privilege and loss of work product protection.
The tension between FRCP 26 and FRE 612 is complex and often leads to disputes between parties. Counsel must be familiar with case law addressing the interplay of the two rules because there are no bright lines as to what documents, or group of documents, are clearly protected.
Counsel must also have a clear understanding of the scope and application of the attorney-client privilege and work product protection when non-lawyers assist in witness preparation so that critical information and documents can be protected from discovery.
Listen as our authoritative panel of litigators discusses key privilege and work product issues that arise when preparing witnesses for deposition and trial and outlines best practices for avoiding pitfalls and maintaining the privilege and protecting work product.
Outline
- Privilege and work product protection under FRCP 26
- Protecting core work product form disclosure under FRE 612
- Balancing FRCP 26 v. FRE 612: case law developments
- Best practices for protecting privilege and work product in witness preparation
Benefits
The panel will review these and other key questions:
- How can counsel best resolve the tension between FRCP 26 and FRE 612 when dealing with documents used to prepare witnesses?
- What can counsel taking the deposition do to maximize the ability to obtain documents used by the witness?
- What unique issues arise in the context of 30(b)(6) depositions of corporate representatives?
Faculty
Robert L. Wise, Partner
Bowman and Brooke, Richmond, Va.
He focuses his practice on appeals and advanced trial motions support, intellectual property litigation, and products liability defense. His work also includes commercial, financial, and dealer and franchise litigation. He also works closely with businesses to develop global strategies on difficult issues that can raise broader, company-wide concerns.
Steven C. Bennett, Partner
Jones Day, New York
His practice focuses on domestic and international commercial litigation and arbitration, including cases involving bankruptcy, construction, corporate, energy, insurance, intellectual property, securities, and other disputes. He is chair of the firm's E-Discovery Committee and a founding member of the Sedona Conference Working Group on International E-Discovery.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
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Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $247.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
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Available three business days after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Available 24 hours after the live event
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Available ten business days after the live event
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Litigation Advisory Board
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Counsel
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Akin Gump Strauss Hauer & Feld
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Deloitte Financial Advisory Services
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