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

A live 90-minute CLE video webinar with interactive 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.

Thursday, October 6, 2022 (in 12 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

(Alert: Event date has changed from 8/17/2022!)

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, financial exceptions to spousal privileges, the limits of litigation, settlement, and mediation privileges, and more. The panel will offer strategies for asserting or overcoming each.

Description

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 substantive vs. procedural distinctions in this arena.

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 it. 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 panel guides counsel through the nuances of asserting or overcoming privileges beyond the attorney-client privilege and work product doctrine.

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Outline

  1. Overview
    1. Privilege vs. immunity from discovery
    2. Substantive vs. procedural law
    3. Choice of law
  2. Specific privileges
    1. Protecting witness interview notes
    2. Fiduciary exception to the attorney-client privilege
    3. Financial exceptions to spousal privileges
    4. Limits of litigation, settlement, and mediation privileges
    5. Limits of quality assurance and peer review privileges

Benefits

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?

Faculty

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

Riden, Stephen
Stephen D. Riden

Partner
Beck Reed Riden

Mr. Riden is a commercial litigator who represents corporate and individual clients in a wide array of disputes across...  |  Read More

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Cannot Attend October 6?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. 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

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