Editor’s note: This article is the first in a series.
The attorney-client privilege is both the oldest and most often misunderstood of the privileges for confidential communications. While most lawyers – and many clients -use the term on a daily basis, they often do so casually and uncritically. Because the party asserting the privilege has the burden of proving that it applies, such a casual approach can have serious consequences. While the issues are difficult enough between an individual attorney and client, the difficulty increases substantially where the putative client is an organization acting though its constituents and agents.
