Event Details
| Course Type | |
|---|---|
| Course Instructor | Elizabeth C. Chavez, Esq., Kathleen C. Chavez, Esq. |
| Original Date Of Course | |
| General Credits | 1.5 |
| Ethics Credits | .5 |
Attorney-Client Privilege and Work Product Doctrine Comprehensive Overview (On-Demand)
$179.00
In American legal jurisprudence, the attorney-client privilege is frequently referred to as “sacrosanct,” with origins pre-dating the Constitution. Although it is commonly understood to be an “absolute privilege,” the privilege does not actually apply to all aspects of the attorney-client relationship. This CLE will begin with a general overview of the basics of the Attorney-Client Privilege & Work Product Doctrine, and then engage a more detailed analysis of emerging issues and technology considerations; key differences between attorney-client privilege and the work product doctrine; selected differences between state privilege law and federal privilege law and practical tips for protecting and promoting work product, attorney-client privilege and confidentiality
Course Description
In American legal jurisprudence, the attorney-client privilege is frequently referred to as “sacrosanct,” with origins pre-dating the Constitution. Although it is commonly understood to be an “absolute privilege,” the privilege does not actually apply to all aspects of the attorney-client relationship. This CLE will begin with a general overview of the basics of the Attorney-Client Privilege & Work Product Doctrine, and then engage a more detailed analysis of emerging issues and technology considerations; key differences between attorney-client privilege and the work product doctrine; selected differences between state privilege law and federal privilege law and practical tips for protecting and promoting work product, attorney-client privilege and confidentiality
Principles
- Basics of Attorney-Client Privilege and Work Product Doctrine
- Key Differences Between Attorney-Client Privilege and Work Product Doctrine
- Key Differences Between State and Federal Laws
- Technology and its Impact on Attorney-Client Privilege, Confidentiality, and the Work Product Doctrine
- Ethical Considerations, Practice Pointers and Tips for Protecting and Promoting Confidentiality, Attorney-Client Privilege and Work Product Doctrine
Syllabus
- Introduction
- Overview of course
- General introduction to the concepts of confidentiality, attorney-client privilege, and the work product doctrine
- Basics of Attorney-Client Privilege
- Definition, purpose and history of attorney-client privilege
- Elements of attorney-client privilege:
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- Who is the client
- When does the attorney-client privilege attach
- Communication
- Made in confidence
- Purpose of seeking, obtaining, or furnishing legal advice or assistance
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- Examples of privileged and non-privileged communications
- Invoking attorney-client privilege
- Exceptions to attorney-client privilege
- Waiver of attorney-client privilege
- Sources of attorney-client privilege (federal and state)
- Attorney’s duty of confidentiality versus attorney-client privilege
- Basics of Work Product Doctrine
- Definition, purpose of, and history of work product doctrine;
- Elements of work product doctrine:
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- What constitutes work product
- Materials prepared in anticipation of litigation or trial
- During the course of representation
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- Examples of work product
- Who can produce work product
- Who can invoke the protections of the work product doctrine
- Exceptions and waiver of the work product doctrine
- Impact of certain disclosures of work product:
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- Disclosure of work product to non-testifying experts
- Disclosure of work product to testifying experts
- Disclosure of work product to auditors
- Disclosure of work product to the Government
- Disclosure to third parties
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- Work product doctrine inapplicable to trial documents
- Sources of work product doctrine (state and federal)
- The Difference between Attorney-Client Privilege and Work Product Doctrine
- Differences in the level of protection and waiver;
- Invoking both the attorney-client privilege and work product doctrine; and
- Examples of disclosures that may result in waiver of attorney-client privilege, but not the work product doctrine.
- Selected Differences between State and Federal Laws
- Attorney-Client Privilege
- Work Product Doctrine
- Technology and its Impact on Attorney-Client Privilege, Confidentiality and Work Product Doctrine
- E-Communications: issues involving e-mail, instant messaging, text messaging and other forms of electronic communications
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- Shared smartphones and other electronic devices
- Shared e-mail and access to e-mail accounts
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- Issues related to client use of social media, blogs, and the internet
- Issues related to attorney use of social media, blogs, online reviews, and attorney communications on the Internet
- Issues related to data and document storage, cloud computing, mobile devices, and third-party vendors
- E-Discovery and complications with production of voluminous data:
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- “Claw-Back” and “Quick-Peak” Agreements
- Party agreements
- Court orders
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- E-Communications: issues involving e-mail, instant messaging, text messaging and other forms of electronic communications
- Ethical Considerations, Practice Pointers and Tips for Protecting and Promoting Confidentiality, Attorney-Client Privilege and Work Product Doctrine
- General
- Corporate issues and considerations
- Trans-Border and multi-national issues and considerations
