Attorney–Client Privilege and Work Product Protection: Avoiding Litigation Pitfalls
Effective Strategies for Maintaining Confidentiality
Recording of a 90-minute CLE webinar with Q&A
Outline
- Common pitfalls
- Communications with experts
- Dealing with former employees
- Witness preparation
- Joint defense relationships
- Privilege logs
- Email/electronic communication
- Waiver
- Who can waive the privilege?
- Implied waiver
- Boilerplate disclaimers
- Waiver to governmental agencies
- Security of communication
- Inadvertent disclosure
- Repercussions for sending attorney
- Obligations of receiving attorney
- Implications for privilege
- Work product protection
- Qualifications on work product protection
- Protecting counsel’s mental impression
- Exceptions
- Waiver
- Best practices for preserving the privilege
- Common interest arrangements
- Considerations for protecting the privilege in email
- Encryption and passwords
- Metadata
- Education/training
Benefits
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?
Faculty
David M. Greenwald
Partner
Jenner & Block
Mr. Greenwald is a tested trial lawyer with over 27 years of commercial litigation, domestic and international... | Read More
Mr. Greenwald is a tested trial lawyer with over 27 years of commercial litigation, domestic and international arbitration, and jury trial experience relating to a wide variety of substantive areas and across a broad spectrum of industries. He has also handled internal investigations domestically and throughout the world. He is co-author of the comprehensive treatise Testimonial Privileges (West 2012), and co-editor of the IBA treatise Privilege and Confidentiality: An International Handbook (2012). He is an active member of Working Group 1 of The Sedona Conference. He speaks and writes regularly on issues relating to the attorney-client privilege and work product doctrine under US law and their analogues in non-US jurisdictions, and on issues relating to e-discovery, ethics, and insurance and reinsurance
CloseDouglas R. Richmond
Senior Vice President
Aon Risk Services
He advises law firm clients on professional responsibility and liability issues. Before joining Aon, he was a partner... | Read More
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.
CloseStuart M. Altman
Partner
Hogan & Hartson
He focuses on white collar criminal investigations and defense, including representing clients in securities... | Read More
He focuses on white collar criminal investigations and defense, including representing clients in securities enforcement proceedings and conducting internal investigations, and corporate governance. He has extensive experience representing business entities and individuals in criminal investigations and prosecutions and conducts internal investigations for companies facing potential liability.
Close