The raid of President Trump’s personal attorney’s law office raises questions of how the F.B.I and federal prosecutors will safeguard documents that fall under the attorney-client privilege. If you want to learn about the privilege, the library has several recently published sources to help you understand this central component of the attorney-client relationship.
Vincent Walkowiak & Oscar Rey Rodriguez, The Attorney-Client Privilege in Civil Litigation (6th ed. 2015).
This edition provides updated and expanded treatment of the attorney-client privilege and the work-product doctrine. New topics include application of the revised federal rules and case law governing waiver of privilege, the pitfalls of privilege preservation and waiver in bankruptcy proceedings and international contexts, and the intersection of privilege and attorney/client-hired media consultants.
David Lender, Privilege Issues in the Age of Electronic Discovery (BNA 2011).
Also available on Bloomberg Law.
This BNA portfolio explains how the nature and scope of the attorney-client privilege and work-product protection have been impacted by technology, generally, and electronic discovery in particular.
The portfolio begins with an introduction to the relevant privileges and protections, each of which developed prior to the computer age. The portfolio then describes in detail the far-reaching implications of technology on these fundamental tenets of the legal profession. Included in this discussion is an examination of privilege as it relates to the reasonable expectation of privacy and related ethical issues, waiver, privilege logs, the crime-fraud exception, experts, litigation hold notices, and litigation support databases.
Paul R. Rice, Attorney-Client Privilege in the United States (2011).
This two-volume treatise, available on Westlaw, provides essential information for advising clients on protecting the confidentiality of their internal communications. This database provides instant access to: the history, theory, and purpose of the privilege, a comprehensive examination of court interpretations, the procedures for asserting, establishing, resolving, and appealing privilege matters.
Jessica Kunz, Attorney-Client Privilege & Work Product Doctrine: Corporate Applications (BNA 2009).
This online treatise is organized into three parts. Part One, Introduction, traces the historical development of the attorney-client privilege and the work-product doctrine and explains in detail their purposes, availability to corporations, scope of protection, and relation to each other. Part Two, Attorney-Client Privilege, covers a myriad of topics, including client identity, waiver of privilege, exceptions to the privilege, choice of law, shareholder suits and special committees, among many others. Part Three, Work-Product Doctrine, covers such topics as scope, waiver issues, and exceptions to the doctrine, among many others.