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The Communication is Privileged, But Not the Fact ItselfIt never ceases to amaze how often parties assume that because certain facts have been communicated to an attorney the very fact of the communication shields the facts from compelled disclosure. Nothing could be farther from what the law requires. Facts remain discoverable regardless of to whom they have been conveyed. The protection of the confessional—whether secular or religious—does not reach that far. Now granted, generally speaking and with the multitude of exceptions that this books details, the attorney cannot be called as a witness for those facts. But the fact that the attorney cannot be called as a witness does not mean that the facts are not discoverable directly from the client or from means other than through the actual communication—whether written or oral—to the attorney.
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More information about the book The Attorney-Client Privilege and the Work-Product Doctrine, 5th Edition Related CLE The
Attorney-Client Privilege: How to Protect the Privilege, Avoid
Waiver, and Pros and Cons of Deliberate Waiver Featured Faculty: J. Bradley Bennett, Michael E. Clark, James E. Day, Philip Hilder, Stanley Keller, Matt T. Morley Section of Business Law, Center for Professional Responsibility, and the ABA Center for Continuing Legal Education |
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