Although often confusing, understanding the attorney-client privilege and the attorney work product doctrine is essential to the practice of law. Indeed, they are the pillars upon which the attorney-client relationship stands. These already confusing issues grow all the more murky when counsel represents more than one party. This seminar will help you enhance your knowledge of the attorney-client privilege and the work product doctrine so as to best protect your client's interests, as well as your own.
Topics to be discussed:
- Scope of the attorney-client privilege
- Limitations on the privilege
- Waiving privilege
- Wireless communications and attorney-client privilege
- Scope of work product doctrine
- Limitations on the work product doctrine
- Privilege, work product, and multiple representation
- Ethical issues in privilege, work product, and multiple representation
9:00 a.m. - 10:30 a.m.
I. Attorney-Client Privilege
A. Privilege Defined
B. Scope Of The Attorney-Client Privilege
C. Parties Required To Claim Privilege
D. Purpose Of Communication
E. Waiving Privilege
F. Communications Where Privilege Does Not Apply
G. Wireless Communications And The Attorney-Client Privilege
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:00 p.m.
II. Privilege And Multiple Representation
A. Conflict Analysis And Privilege
B. Privilege And Confidentiality Issues
C. Joint Representation
D. Joint Defense Agreements
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
III. Work Product Doctrine
A. Work Product Defined
B. Scope Of The Work Product Doctrine
C. Covered Items
D. Preparing For/Anticipating Litigation
E. Non-Attorney Work Product
F. Undue Hardship Or Substantial Need
G. Waiver Of Work Product Doctrine
2:00 p.m. - 3:00 p.m.
IV. Ethics And The Attorney-Client Privilege And Work Product Doctrine
A. Obligation Of Client Confidentiality
B. Non-Privileged But Confidential Information
C. Ethical Challenges Of Multiple Representation
D. Sanctions And Penalties
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:30 p.m.
V. Candor And Disclosure To Others
A. Candor To Courts
B. Mandatory Disclosures Of Confidential Information
C. Permissive Disclosures
E. Settlement/Arbitration/Mediation Candor