Attorney-Client Privilege Answer Book (2019 Edition)
A practical resource for attorneys and clients seeking to understand the most significant privilege in the law.
Authored by Christopher Ruhland, the book, written in question-and-answer format, examines the boundaries of the privilege, providing guidance on issues that attorneys grapple with on a regular basis as to what is, and is not, covered by the privilege, and how the privilege is protected and lost. Among the topics receiving in-depth treatment are what constitutes an “attorney,” “client” and “communication” for purposes of the privilege; choice-of-law issues; waiver; and exceptions to the privilege.
The 2019 edition is updated throughout, reflecting the most current state of the law. New material in the 2019 edition includes:
- A review of recent cases in which corporate clients claimed that communications with their vendors were privileged, due to the involvement of the corporation’s attorneys.
- A discussion of the circumstances under which an attorney’s notes and other writings that are not communicated to a client may be protected by the attorney-client privilege.
- An analysis of whether a client who takes action or makes a decision after consulting with an attorney can assert the attorney-client privilege to shield from disclosure the reasons for the client’s action or decision.
- Revised and updated discussions of the way in which federal and state courts address the topic of subject matter waiver in different circumstances.