Skip to main content
2023 Annual Meeting Main banner
Back
Evaluation ViewAttendees 34

Navigating Protection of Attorney-Client and Work Product Privileges in Uncertain Times

Tuesday, July 11, 2023
7:30 AM – 8:30 AM US HST
Location: Plaza 2
CLE: 1.0 Credit Hours
CLE/Business/General Meetings
*This program is eligible for Ethics/Professional Responsibility CLE credit.*

The parameters of the attorney-client and work product privileges remain unclear. The U.S. Supreme Court recently declined to clarify the scope of the attorney-client privilege for communications involving both legal and non-legal advice in In re Grand Jury, when it dismissed the writ of certiorari as improvidently granted. We will examine how best to protect the company's interests while protecting privileged communications and documents. Attorneys are frequently called on to assist a company or client in crisis and give advice to hire a consultant to manage the public relations and experts to preserve evidence and conduct a scientific or forensic investigation. We will share lessons learned to guide you through the bounds of the ethics rules to protect the attorney-client and work product privileges.

Learning Objectives:

  • Understanding the implications of this year's U.S. Supreme Court decision that impacts a split of authority among the circuit courts.
  • Understanding when communications may have a dual purpose that may implicate attorney-client privilege application.
  • Learning about privilege considerations when responding to a crisis.