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Attorney-Client Privilege Answer Book (2015 Edition)

Author(s): Christopher S. Ruhland
Practice Area: Attorney-client privilege, Ethics and professional responsibility, Litigation, Pre-trial procedure
Date: Oct 2014 i Other versions can be found in the Related Items tab.
ISBN: 9781402422942
PLI Item #: 59207

Attorney-Client Privilege Answer Book 2015 provides, in a Q&A format, clear answers to the questions that attorneys grapple with on a regular basis as to what is, or is not, covered by the attorney-client privilege. As the bounds of the attorneyclient privilege are narrower and less clear than many lawyers —and most clients — believe them to be, Attorney-Client Privilege Answer Book clarifies, and provides practical examples, of what is covered. It also discusses how the attorney-client privilege differs from related legal concepts such as the work-product doctrine and the lawyer’s professional duty to preserve client confidences.

Attorney-Client Privilege Answer Book answers such questions as:

  • How does the attorney-client privilege, which assures the confidentiality of client communication, coordinate with the fundamental tenet of the judicial system — to seek the truth?
  • How does the court decide which body of law applies to the privilege issue being decided?
  • When is an attorney acting as an attorney in a specific matter, as opposed to providing, for instance, simple business advice?
  • Who is a client — for purposes of invoking the privilege? And if the client is not a person, which employees of the business may communicate with the attorney on behalf of the client?
  • What is a communication that is protected? And what kinds of communications are not protected?
  • Since only communications intended to be confidential are protected, when have courts not found the necessary intention to keep a communication secret?

Christopher S. Ruhland is a litigation partner in the Los Angeles office of Dechert LLP. He formerly was a partner in Orrick, Herrington & Sutcliffe LLP, and he also previously served as Senior Counsel to The Walt Disney Company. Mr. Ruhland has significant civil trial and appellate experience in state and federal courts throughout the country. Mr. Ruhland has been recognized as a leading lawyer by Chambers USA for his general commercial litigation practice in California.

Mr. Ruhland is a frequent author and speaker on civil litigation and intellectual property topics. He has presented before numerous organizations, such as the International Trademark Association and the United States Copyright Society, and has given CLE presentations on the attorney-client privilege to several Fortune 500 companies. He has been featured in the Wall Street Journal, the Los Angeles Times, MSNBC, Bloomberg, and CNET.