ABA offers array of resources on attorney/client privilege

"The current uncertainty surrounding the scope of subject matter waiver is harmful to clients. Litigation, and in particular patent litigation, is highly complex. Clients involved in such litigation must be able to understand those complexities so they can weigh the legal risks and make informed decisions. As such, a lawyer serves not only as an advocate, but also as a counselor whose candid advice is critical to the client's ability to understand fully both the strengths and the weaknesses of the case."

The above is part of the case made in the amicus brief [PDF] written recently by the ABA Section of Intellectual Property Law and filed by the ABA in the U.S. Court of Appeals for the Federal Circuit case In Re Seagate Technology, LLC.

The ABA has worked tirelessly, in coordination with other organizations as well as through its own efforts, in attempts to restore the correct balance in attorney-client privilege. Indeed, this critical issue is one of the association's legislative priorities.

The ABA Presidential Task Force on Attorney-Client Privilege Web site is a prime resource for information on the issue, including policy adopted by the ABA and general information for state and local bar associations.

In addition to the association's lobbying efforts and the task force devoted specifically to its work in this area, the ABA's various entities often host continuing legal education programs that address enforcement by the Securities and Exchange Commission, the Justice Department and other governmental bodies. A full listing of upcoming CLE programs is available online.

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