Attorney-client Privilege Answer Book
, by Ruhland, Christopher S.
- ISBN: 9781402429767 | 1402429762
- Cover: Paperback
- Copyright: 12/5/2017
Attorney-Client Privilege Answer Book is a practical resource for attorneys and clients seeking to understand the most significant privilege in the practice of law. 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 “attorney,” “client,” and “communication” for purposes of the privilege; choice-of law issues; waiver; and exceptions to the privilege. The 2018 edition is updated and expanded throughout, reflecting the most current state of the law. New material in the 2018 edition includes:
• New discussion of the “functional equivalent” test regarding whether the privilege applies to communications between independent contractors working for a company and the company's lawyer
• New discussion of whether emails that an employee sends to his or her attorney using his or her employer's system are confidential
• Updated guidance on preventing waiver of the privilege when privileged documents are inadvertently produced during discovery, using mechanisms provided by Federal Rule of Evidence 502
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