The attorney-client privilege and the work-product doctrine / Edna Selan Epstein.
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| Format: | Book |
| Language: | English |
| Published: |
Chicago, Ill. :
Section of Litigation, American Bar Association,
[2007]
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| Edition: | Fifth edition. |
| Subjects: |
Table of Contents:
- V. 1. THE ATTORNEY-CLIENT PRIVILEGE: PART 1 : THE ATTORNEY-CLIENT PRIVILEGE: Purpose and scope of the attorney-client privilege
- Standing
- Elements of the attorney-client privilege
- Element 1 : a communication
- Element 2 : privileged persons
- Element 3 : in confidence
- Element 4 : for purpose of seeking or obtaining legal assistance
- Waiver of the attorney-client privilege
- Exceptions to application of the attorney-client privilege
- Criminal convictions based on attorney testimony
- Survival of the attorney-client privilege
- Attorney-client privilege in international context
- Ethical concerns
- V. 2. WORK-PRODUCT PROTECTION AND COMMON FACTORS: PART 2 : THE WORK-PRODUCT PROTECTION: Purpose and scope of work-product protection
- Procedural matters
- Elements of work-product protection
- Element 1 : documents and tangible things otherwise discoverable
- Element 2 : prepared in anticipation of litigation or for trial
- Element 3 : by or for another party or that party's representative
- Qualifications on work-product protection
- Protecting attorney's mental impressions
- Exceptions to the work-product protection
- Waiver of the work-product protection
- PART 3 : FACTORS COMMON TO BOTH THE ATTORNEY-CLIENT PRIVILEGE AND THE WORK-PRODUCT PROTECTION: Underlying facts not privilege protected
- Procedural issues
- Deposing and testifying counsel
- Waiver of privilege in government prosecutions or investigations
- Attorney-client privilege and work-product protection in the electronic age
- "Two strings to the bow" raising both privilege and protection
- Interplay between FOIA and privilege/protection
- Conclusion : whither the privilege.