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About the Product
This perennial ABA best seller is back -- and bigger and better than ever.
Four earlier editions of The Attorney-Client Privilege and the Work-Product Doctrine have helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance.
Now in two volumes Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden. The Fifth Edition maintains the style and emphasis of the previous editions, but now is divided into two volumes. Volume One examines the attorney-client privilege and Volume Two covers work-product protection and factors common to both the attorney-client privilege and the work-product protection.
When the protections apply...when they don't...what to do in the gray areas What documents and other communications are protected by the attorney-client privilege? Are they covered by the work-product doctrine? When and how might documents be discoverable despite these protections? Can you make sure they are protected?
Coverage includes:
The scope and elements of the attorney-client and work-product protections
How and when the elements must be asserted and demonstrated
What constitutes a waiver -- and the risks of unintentional waiver
Inadvertent waiver -- what you can, cannot, and might be able to do about it
How to preserve the privilege -- and how to salvage documents if they are inadvertently disclosed
Exceptions to the privilege -- including new directions under the fiduciary exception
Which laws will apply, and when -- state, federal, international?
Defining the client -- the problems of corporate and other multiparty representation
Potentially damaging ethical conflicts that can arise
Whether you are asserting or challenging confidentiality, this book gives you the information and practical guidance to deal effectively with the uncertainties that abound.
