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Attorney-Client Privilege
A thorough understanding of attorney-client privilege issues is critical for litigators. The limits of privilege are continually being reassessed, so stay current on the state of privilege with resources from the Section of Litigation.
Latest News
The ABA has learned that Senator Arlen Specter reintroduced his "Attorney-Client Privilege Protection Act" as S. 186 late last week. ABA President Karen J. Mathis termed the bill "critically important to our nation's economic and legal health" on Dec. 7, after Specter first introduced the measure. In a related December 12 statement, President Mathis contrasted the bill to new Department of Justice corporate charging guidelines outlined in the "McNulty Memorandum" that continue to allow prosecutors to seek waiver of the privilege by organizations under investigation, if they first obtain high level Department approval. For more on the ABA's support for the Specter legislation and preservation of the attorney-client privilege, see the online media kit.
Program Materials
- » Attorney-Client Relationship Still Under Attack: The Impact of the McNulty Memo |
2007 Section Annual Conference - » ABA Task Force Report on Attorney-Client Privilege |
2007 Section Annual Conference - » Assault
On the Attorney-Client Privilege: What Every Lawyer Needs to Know |
2005 ABA Annual Meeting
Articles and Analysis
- » The Section’s Attorney-Client Privilege Task Force
Brad D. Brian, Section of Litigation Chair - » Privilege Protects Attorney-Client Web Contact |
Theresa Osterman Stevenson
From Litigation News, January 2006 - » Second
Circuit Upholds Governmental Attorney-Client Privilege |
Garth T. Yearick
From Litigation News, July 2005 - » Can We Talk? Nationwide Survey Reveals Wide Range of Practices Governing Communication with Witnesses While Defending Their Deposition |
Pretrial Practice & Discovery Committee - » Advance Sheet: Original Disconnect |
Robert E. Shapiro
From Litigation, Fall 2005 - » DOJ Requires its Prosecutors to Set Formal Procedures for Requesting Privilege Waiver
Jeffrey P. Schomig
Pretrial Practice & Discovery Committee - » Privileged Information Disclosed to Experts May Be Discoverable |
Theresa Osterman Stevenson
From Litigation News, July 2004 - » Investigating the Investigators |
Robert F. Hoyt and Joseph K. Brenner
From Litigation, Summer 2004 - » Ratting on a Client |
Edna Selan Epstein
From Litigation, Spring 2004 - » Representing the General Counsel |
Reid H. Weingarten and Brian M. Heberlig
From Litigation, Summer 2004 - » Attorney-Client Privilege Protects Third Parties Under Joint Defense Agreements |
Thomas E. Zehnle
From Litigation News, November 2004 - » New
Rule Restricts E-Mail Advertisements |
Henry R. Chalmers
From Litigation News, July 2004 - » Lawyers
May Give Chat Room Information but Not Advice |
From Litigation News, May 2004 - » Privilege Waiver Policy Dumped
From the ABA Journal eReport - » Managing
Privilege and Avoiding Pitfalls During Pretrial Discovery
Sven Collins and Corinne Simon
Pretrial Practice & Discovery Committee
Books & CLE Products
Edna Selan Epstein
Now available with a new 256 page supplement, the book provides a comprehensive overview of current law, case illustrations and contextual examples, as well as a wealth of practical tips and guidance. 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.
Committee Newsletters
Download these articles on electronic discovery from our committees' newsletter. All articles are in PDF format ().
- » Attorney-Client Privilege Theme Issue
Pretrial Practice & Discovery - » Employee Experts: Risks and Rewards
Bradford S. Babbitt
Pretrial Practice & Discovery - » Caution: Electronic Discovery—New ABA Civil Discovery Standards
Don Bivens
Computer & Internet Litigation - » Discoverability of Work Product and Privileged Documents in the Hands of a Testifying Expert
Richard J. Oparil
Pretrial Practice & Discovery - » Protecting Work Product and Communications of Public Relations Consultants from Discovery
James B. Slaughter and Nessa E. Horewitch
Committee on Corporate Counsel
More online resources from the ABA
- » ABA
Letter to Attorney General Gonzalez |
- » ABA Presidential Task Force on the Attorney-Client Privilege
- » Letter from ABA President Michael S. Greco |
- » President's Message: Privilege Under Attack
