The Attorney Client Privilege and the Work Product Doctrine

The Attorney Client Privilege and the Work Product Doctrine

Courses Tabs

Overview
CLE Hours: 
2.0
CLE Credit: 
Ethics
Course Level: 
Intermediate
Fees: 
$55 for Members and $75 for Nonmembers
Course Materials: 
Webinar recording and a PDF of the PowerPoint slides

This on-demand webinar will explore perhaps the most important legal doctrine all lawyers should understand -- the attorney client privilege. The on-demand webinar will also address the separate but related work product doctrine protection. With both protections, the on-demand webinar will include up-to-date case law. 

The on-demand webinar will explore ten topics: 

  1. How to determine which attorney-client privilege and work product law will apply
  2. Clients' nearly universal misunderstanding of the privilege's applicability, and the key legal advice component
  3. Privilege protection in the corporate setting (including the danger of widespread intracorporate communications, beyond those with a "need to know")
  4. Sources of proof courts examine in analyzing privilege protection, and practical steps for maximizing the protection
  5. Basic work product principles (including the "litigation," "anticipation," and "motivation" elements)
  6. Identifying who is outside privilege protection, including clients' and lawyers' agent/consultants
  7. Privilege waiver (including implied, "at issue" and subject matter waivers)
  8. Joint defense/common interest agreements (highlighting their unpredictability)
  9. Work product waiver, which dramatically differs from privilege waiver
  10. Privilege and work product issues arising before, during and after internal corporate investigations
Instructor: 
Course Year: 
2019