Protection of privileged information and work product is a perennial concern, for counsel and clients alike. The attorney-client privilege enables clients to seek legal advice from counsel without fear of having their thoughts, concerns or secrets revealed to the outside world. Further, because of the privilege, clients can discuss with counsel even the most sensitive, embarrassing or, sometimes, incriminating matters—information that clients might not otherwise share—thereby enabling clients to receive more accurate, reasoned and essential advice.
If such communications (or related work product) were to end up in the hands of an opponent or prosecutor, the results could be devastating. Consequently, court decisions concerning privilege and work product can be especially important for lawyers and their clients. This article highlights some of the significant decisions of the past year concerning the attorney-client privilege and the work product doctrine, and practices to consider in the wake of such decisions.
