Interested in training for your team? Click here to learn more

Privilege Objections to Discovery: Leveraging Exceptions to Attorney-Client and Other Privileges

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 1, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will equip litigators to assert or overcome privileges beyond the attorney-client privilege and the work product doctrine by understanding overlooked exceptions and limitations to discovery and testimonial privileges and immunities. The program will discuss the often-overlooked fiduciary exception to the attorney-client privilege, the limits of litigation, settlement, and mediation privileges, defending against governmental privileges and more. The speaker will offer strategies for asserting or overcoming each.


Litigators are sometimes caught flat-footed when asserting or challenging privileges or exceptions from discovery beyond the attorney-client privilege and the work product doctrine. Many are unaware of pivotal choice of law issues and the limits of joint defense agreements.

Counsel can best protect client information or get critical discovery if they know what questions to ask when trying to avoid privileges and what key fact patterns spell trouble for asserting claims of privilege. They are also well-served by knowing what so-called privileges are in fact not recognized, and what the limits of those that are.

Listen as our esteemed panelist guides counsel through the nuances of asserting or overcoming privileges beyond the attorney-client privilege and work product doctrine.



  1. Overview
    1. Privilege vs. immunity from discovery
    2. Choice of law
  2. Specific privileges
    1. Fiduciary exception to the attorney-client privilege
    2. Limits of Governmental Privileges
    3. Limits of litigation, settlement, and mediation privileges
    4. Limits of joint defense or common interest privileges
    5. Limits of quality assurance and peer review privileges


The panel will review these and other critical issues:

  • What is the difference between a privilege and an exception to discovery?
  • Are privileges statutory or established by common law?
  • Do privileges apply outside courts of law?


Johanson, David
David R. Johanson

Senior Partner
Hawkins Parnell & Young

Mr. Johanson assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video