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Attorney-Client and Work-Product Privileges - Protection and Assertion (From Business Crimes - A Guide for Corporate and Defense Counsel, P 127-232, 1982, Jeffrey Glekel, ed. - See NCJ-90533)

NCJ Number
E G Sagor
Date Published
106 pages
Consideration of the attorney-client privilege includes discussions of applicable law, nonprivileged features of the attorney-client relationship, and waivers, while consideration of the work-product doctrine focuses on its scope, exceptions, and waiver.
In defining the attorney-client privilege, judicial decisions are presented, followed by attention to applicable law and the Code of Professional Responsibility. In the section on asserting the privilege, it is noted that the privilege belongs to the client, not the attorney, and it may be waived by the client. Other considerations given special attention are the right to intervene, prerequisites for privilege, the waiver of privilege, waiver and confidentiality compared, and nonprivileged features of the attorney-client relationship. The latter topic is explored under the subjects of client identity, when the name of the patron client is privileged, fees paid, and information on the client's location. Attention is also given to the application of the attorney-client privilege to accountants and accounting services. Other sections pertaining to attorney-client privilege refer to the preexisting documents rule, the fifth amendment, joint defense, the scope of the privilege in a corporate context, and the crime/fraud exception. An accusation against an attorney exception is also discussed. Judicial decisions and rules delineating the work-product doctrine are presented, followed by an examination of the prerequisites for and parameters of work-product doctrine. Waiver is also considered, along with the crime/fraud exception. The appendix compares the attorney-client privilege and the work-product doctrine, and 250 footnotes are provided.


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