At the heart of the relationship between attorney and client is the assurance that communications between them during the representation will be confidential, thereby enabling candid discussions. However, this privilege, as sacrosanct as it may be, is not absolute. Equally important to the realm of confidential communications is the attorney work product doctrine, which protects from disclosure an attorney’s notes, correspondence, memoranda, etc. Editors Reagan W. Simpson and Robert P. Redemann and a host of attorney authors dissect these related concepts in their book, The Trial Lawyer’s Guide to the Attorney-Client Privilege and Work-Product Doctrine, and offer some guidance to help litigators understand the nuances of both the attorney-client privilege and the attorney work product doctrine and how the privilege differs from the ethics rule on confidentiality. Readers will learn the elements of attorney-client privilege and the work product doctrine, the common-interest or joint-defense privilege, and the exceptions to and waiver of these privileges. While it’s important to know what the privileges are, and what they are not, it’s is also imperative to understand how to preserve any claim of privilege during litigation. In this regard, readers will find a discussion of some procedural tools, such as protective orders and clawback provisions and some practice tips for disputes related to attorney work product. Readers can also learn how the privilege is used in specific matters, such as insurance, patent, and bankruptcy.
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