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The 2d u.s. Circuit Court of Appeals recently clarified the principle of fairness that governs waiver of work-product protection; and, in so doing, it provided a rationale for the proposition that arguments to law enforcement officials do not create a subject-matter forfeiture (or waiver) of work-product protection or the attorney-client privilege as to undisclosed information.
December 22, 2003 at 12:00 AM
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