Preserving Attorney-Client Privilege in Class Action Litigation
Strategies for Protecting Confidential Information and Avoiding Ethical Pitfalls
Recording of a 90-minute CLE webinar with Q&A
Outline
- Application of privilege to class action litigation and relevant Model Rules
- Communications between plaintiffs’ attorneys and potential class members (e.g., questionnaires) before attorney–client relationship is established
- Communications between plaintiffs’ attorneys and class representatives
- Communications between class representatives and absent class members
- Communications between co-defendants
- Advice of counsel defense
- Common interest privileges
- Joint-defense privilege
- Common defense privilege
- Best practices for preserving the privilege
- Legal communications
- Witness interviews
- Electronic communications
Benefits
The panel will review these and other key questions:
- Does the attorney–client privilege apply to communications between attorneys and class members that occur prior to the establishment of an attorney–client relationship?
- Under what circumstances should the joint-defense privilege and common defense privilege be exercised?
- What are some best practices for plaintiffs and defense counsel to preserve the attorney–client privilege?
- What Model Rules are implicated by attorney–client communications in class action cases?
Faculty
Carrie L. Huff
Partner
Haynes Boone
She is a commercial litigator. She also advises outside and in-house counsel regarding ethical issues such as conflicts... | Read More
She is a commercial litigator. She also advises outside and in-house counsel regarding ethical issues such as conflicts of interest, attorney–client privilege and the unauthorized practice of law.
CloseJanet T. Munn
Member
Epstein Becker & Green
She focuses on complex commercial litigation and has successfully defended several class action suits. She is a... | Read More
She focuses on complex commercial litigation and has successfully defended several class action suits. She is a frequent speaker on topics dealing with the attorney–client privilege.
CloseSteve W. Berman
Managing Partner
Hagens Berman Sobol Shapiro
He has served as lead or co-lead plaintiffs' counsel in class actions and complex litigations throughout the country,... | Read More
He has served as lead or co-lead plaintiffs' counsel in class actions and complex litigations throughout the country, obtaining multimillion-dollar settlements for his clients.
CloseOther Formats
— Anytime, AnywhereCLE On-Demand Audio
$297