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Jarret Hitchings of Duane Morris. Jarret Hitchings of Duane Morris.

The attorney-client privilege is fundamental to the adversarial system of law. Indeed, the Delaware Court of Chancery recently observed that “without the privilege, candid communication between client and counsel for purposes of representation would be impossible,” see Maverick Therapeutics v. Harpoon Therapeutics, C.A. 2019-0002-SG (Del. Ch. Aug. 9, 2019). At the same time, because the privilege operates to shield from disclosure certain information that might otherwise be relevant to a case or controversy, the Court of Chancery cautioned that “the privilege must be rigorously upheld, but only in the concise sphere within which it is indispensable.”

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