The Attorney-Client Privilege and the Work-Product Doctrine

The Attorney-Client Privilege and Work-Product Doctrine has proven to be an invaluable resource for litigators and has been the ABA Section of Litigation’s bestseller since publication of the first edition. This newly revised sixth edition has been updated with the most current developments in attorney-client privilege and work-product protection. A thorough analysis of the following topics is included:

Attorney-Client Privilege

• Purpose, Scope, and Standing
• Elements; Forfeiture or Waiver
• Exceptions to Application
• Criminal Convictions Based on Attorney Testimony
• Survival of the Privilege
• International Context
• Ethical Concerns, Constitutional Issues, and Strategic Issues

Work-Product Protection

• Purpose, Scope, and Procedural Matters
• Elements; Qualifications on Protection
• Protecting Attorney’s Mental Impressions
• Waiver and Exceptions

Factors Common to Both Attorney-Client Privilege and Work-Product Protection

• Underlying Facts Not Privilege Protected
• Redaction and Procedural Issues
• Deposing and Testifying Counsel
• Waiver in Government Prosecutions or Investigations
• Privilege and Protection in the Electronic Age
• Raising Both Privilege and Protection
• Interplay with FOIA

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