To say that attorney-client privilege is a subject near and dear to the hearts of lawyers would be an understatement. The concept of attorney-client privilege is the cornerstone to the way we practice law in this country.

It is a concept that pre-dates our republic. In fact, the privilege extends back to ancient Rome and became part of the English legal system before Magna Carta. It is the first evidentiary privilege recognized by English Common Law, formally noted in 1577 during the reign of Elizabeth I. In the United States, the privilege was adopted by the colonies and first formally codified by Delaware in its constitution of 1776.

Recent presidents of the American Bar Association have taken firm stands supporting the privilege, which has come under attack from federal government policies during the past few years. Until recently, the waiver policy followed by the Department of Justice assumed companies and individuals under investigation would waive attorney-client privilege or work-product protections.

First, ABA President Michael S. Greco (2005–2006) called on lawyers independently and through state and local bar associations to educate themselves on the issues and to make comments to appropriate governmental agencies. Greco said that the attorney-client privilege has served our country well, and it is a bedrock of our free society.

Following an extensive letter-writing and lobbying campaign, ABA President Karen J. Mathis (2006–2007), reported that thanks to the support of state and local bar associations from across the country, the Department of Justice began backpedaling on its demands for companies and individuals to waive the right to attorney-client privilege.

Current ABA President H. Thomas Wells Jr. points out that the freedom of the American people depends on the freedom of its lawyers to practice without government interference.

With a new Congress in January, there is a chance to create a legislative solution to this attempted government interference. Please let your representatives in Congress know that you support maintaining the integrity of attorney-client privilege.

The ______________ Bar association supports the bi-partisan endorsements of proposed legislation to limit the ability of the government to interfere or threaten to interfere with such an important, established and respected legal tradition.

© 2008 American Bar Association