Casemaker Libra



The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide, 3rd Ed

Publication Year: 2013
Practice Area: Litigation/Trial Practice

If you would like to subscribe to online access to the entire Virginia CLE Digital Library click.

Casemaker Libra provides online access to the entire Virginia CLE Online Publications Library.
If you would like to purchase this particular book individually for $249.00 from the Virginia CLE website click.Buy Now

Description:

The attorney-client and work product protections can profoundly affect the outcome of litigation, especially when invoked or challenged early in the process. This expanded edition has the practical advice that litigators need in making decisions during privilege reviews or writing briefs in the midst of discovery disputes.

The material is presented in a way that greatly assists the practitioner in identifying and addressing the often subtle issues that can arise in this area. Several chapters are devoted to the subject of asserting and litigating the protections. This publication is national in scope and thoroughly researched with citations to federal and state law.

Editors:
Thomas E. Spahn

Table of Contents:

 Title
 Title and Copyright
 Author Biography
 Preface
Chapter 1 - Organization of the Book
Chapter 2 - Attorney - Client Privilege - Introduction and Basic Principles
Chapter 3 - Clients - Introduction and Basic Principles
Chapter 4 - Miscellaneous Clients
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 the 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: Historical 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
 Table of Authorities
 Index