Bar Leader Toolkit: Issue 10
Theme for October: Attorney-Client Privilege
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

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