State bar associations are jumping into the roiling debate over the attorney-client privilege-waiver issue triggered by the U.S. Department of Justice's Thompson Memorandum. Several states have recently convened task forces to fight the 2003 directive, which, among other things, instructs prosecutors to trade leniency for waivers of the attorney-client privilege during corporate investigations. One litigator said it's part of the legal community's pushback against a perceived "culture of waiver."
State Bars Push Back on Privilege Waivers
The National Law Journal
November 20, 2006