Casemaker Libra



A Virginia-Specific Summary Guide: The Attorney-Client Privilege and the Work Product Doctrine, 1st Ed

Publication Year: 2017
Practice Area: Litigation/Trial Practice

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Description:

This Virginia-specific book is a condensed version of the 1,500+ pages book also published by Virginia CLE®, entitled The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner''s Guide (3d Edition 2013). The Summary Guide is designed to help Virginia practitioners understand general attorney-client and work product concepts, with a specific focus on Virginia law addressing those evidentiary protections. While the larger Practitioner''s Guide covers privilege and work product law at length and on a national scale, the Summary Guide cites cases from outside Virginia only if they are especially noteworthy.

Editors:
Thomas E. Spahn

Authors:
Thomas E. Spahn

Table of Contents:

 Title
 Title and Copyright
 About the Author
 Preface
 Instructions For Using the Online Database
Chapter 1 - Organization of the Outline
Chapter 2 - Attorney-Client Privilege: Introduction and Basic Principles
Chapter 3 - Clients: Introduction and Basic Principles
Chapter 4 - Client Relationships
Chapter 5 - Joint Clients
Chapter 6 - Corporate Clients
Chapter 7 - The "Fiduciary Exception"
Chapter 8 - Client Agents/Consultants
Chapter 9 - Lawyers
Chapter 10 - Lawyer Agents/Consultants
Chapter 11 - Unprotected Background Information
Chapter 12 - Content and "Communication" Element
Chapter 13 - Content: Legal Advice Requirement
Chapter 14 - Analyzing the Lawyer's Role
Chapter 15 - Business and Other Nonlegal Advice
Chapter 16 - Client-To-Lawyer Communications
Chapter 17 - Lawyer-To-Client Communications
Chapter 18 - the Crime-Fraud Exception
Chapter 19 - Presence of Third Parties
Chapter 20 - The Joint Defense/Common Interest Doctrine
Chapter 21 - Intent To Disclose Content
Chapter 22 - Internal Corporate Investigations and Insurance
Chapter 23 - Waiver of the Privilege
Chapter 24 - Power To Waive the Privilege
Chapter 25 - Express Waiver
Chapter 26 - Intentional Express Waiver
Chapter 27 - Inadvertent Express Waiver
Chapter 28 - Implied Waiver
Chapter 29 - The "At Issue" Doctrine
Chapter 30 - Subject Matter Waiver
Chapter 31 - Scope of A Subject Matter Waiver
Chapter 32 - Waiver: New Rules and Public Policy Debates
Chapter 33 - Work Product Doctrine: Historic Perspective
Chapter 34 - Creating and Asserting Work Product Protection
Chapter 35 - Context and Timing of Work Product
Chapter 36 - "Litigation" Element
Chapter 37 - "Anticipation of Litigation" Element
Chapter 38 - "Motivation" Element
Chapter 39 - Work Product Content
Chapter 40 - Fact Work Product
Chapter 41 - Opinion Work Product
Chapter 42 - Facts Reflecting the Lawyer's Opinion
Chapter 43 - Protection For Internal Corporate Investigations
Chapter 44 - Overcoming Work Product Protection
Chapter 45 - Overcoming Fact Work Product Protection
Chapter 46 - Overcoming Opinion Work Product Protection
Chapter 47 - Power To Waive Work Product Protection
Chapter 48 - Intentional, Inadvertent, Or Implied Waiver
Chapter 49 - Disclosure of Work Product To and By Experts
Chapter 50 - Subject Matter Waiver: Applicability and Scope
 Chapter 51 - Asserting and Litigating the Protections
Chapter 52 - Source and Choice of Attorney -Client Privilege Law
Chapter 53 - Source and Choice of Work Product Law
Chapter 54 - Asserting the Protections
Chapter 55 - Privilege Logs
Chapter 56 - Evidentiary Support
Chapter 57 - Litigating the Protections
Chapter 58 - Other Discovery Issues
Chapter 59 - Courts' Role
Chapter 60 - Appellate Review