The ABA provides a wealth of resources on attorney-client
privilege, including audio programs, books, downloadable reports or other
formats.
Here is a partial list:
The Attorney-Client Privilege and the Work-Product
Doctrine, Fifth Edition, two-volume book by Edna Selan Epstein, published in June 2007, ABA Section
of Litigation.
In addition to providing a comprehensive overview of the current law of
the attorney-client and work-product immunities, the fifth edition includes
many case illustrations and contextual examples, as well as numerous practical
tips and guidance. Volume one examines the attorney-client privilege and
volume two covers work-product protection. Both discuss when protections
apply, when they don't and suggestions on how to handle the gray areas.
Protecting Against the Loss of Attorney-Client Privilege
in Complex International Transactions, a downloadable article by Francine Friedman Griesing, published
in March 2007, ABA Section of Real Property, Trust and Estate Law.
Most clients assume when they confer with counsel that the substance of
their communications are subject to the attorney-client privilege and are
confidential. In today's changing legal landscape, however, this assumption
is no longer true. As a result, attorneys need to understand the current
state of the law in order to protect against the loss of attorney-client
privilege, particularly when representing organizations both at home and
abroad.
The Attorney-Client Privilege in Civil Litigation,
Fourth Edition, a book
edited by Vincent S. Walkowiak, published in July 2008; ABA Tort, Trial
and Insurance Practice Section and the Constitutional Law and Ethics & Professional
Responsibility Committees of the ABA General Practice, Solo and Small Firm
Division.
Written for practitioners, the fourth edition addresses problems and offers
solutions, including new or enhanced coverage of the attorney-client privilege
and work product doctrine. New chapters deal with intellectual property,
international transactions and e-discovery.
The Risks of E-mail Communication, an audio program consisting of two
CDs and printed course materials, by William J. Connolly, Gregory J. Lyons,
et al, published November 2006, ABA Section of Business Law.
This audio program explores the essential principles of protecting the
attorney-client privilege in electronic communication. It discusses the
dangers e-mails can pose to companies as well as how individuals can draft
e-mail messages to protect the company's attorney-client privilege.
Attorney-Client Privilege: How to Protect the Privilege,
Avoid Waiver, the Pros and Cons of Deliberate Waiver, an audio program consisting of
a CD and written course materials, by J. Bradley Bennett, Michael E. Clark,
et al, published June 2006, ABA Section of Business Law, Center for CLE
and Center for Professional Responsibility.
This program focuses on various strategies that in-house and outside counsel
may use to avoid triggering problems during government investigations,
acknowledging the difficult decisions businesses and their counsels need
to make regarding waiving privilege.
Electronic Evidence: Law and Practice, book by Paul R. Rice, published
August 2008, ABA Section of Litigation. Author Paul Rice, who has
40 years of teaching experience, offers a unique perspective on the
attorney-client privilege issues of electronic evidence. He has served
as a special master for more than 30 years, ruling on thousands of privilege
claims. He has written the leading treatises on attorney-client privilege
for both state and federal courts. His book explores the range of problems
encountered with electronic communications from discovery to trial, while
offering practical solutions to both existing and potential problems.
For even more ABA materials on attorney-client privilege, please click
here.
© 2008 American Bar Association