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

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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

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

  1. Introduction
    • Overview of course
    • General introduction to the concepts of confidentiality, attorney-client privilege, and the work product doctrine
  2. Basics of Attorney-Client Privilege
    • Definition, purpose and history of attorney-client privilege
    • Elements of attorney-client privilege:
        • 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
    • 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
  3. Basics of Work Product Doctrine
    • Definition, purpose of, and history of work product doctrine;
    • Elements of work product doctrine:
        • What constitutes work product
        • Materials prepared in anticipation of litigation or trial
        • During the course of representation
    • 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:
        • 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
    • Work product doctrine inapplicable to trial documents
    • Sources of work product doctrine (state and federal)
  4. 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.
  5. Selected Differences between State and Federal Laws
    • Attorney-Client Privilege
    • Work Product Doctrine
  6. 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
        • Shared smartphones and other electronic devices
        • Shared e-mail and access to e-mail accounts
    • 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:
        • “Claw-Back” and “Quick-Peak” Agreements
        • Party agreements
        • Court orders
  7. 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

Instructors

Kathleen C. Chavez, Esq.

Elizabeth C. Chavez, Esq.

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