Attorney-Client Privilege Answer Book is a practical resource for attorneys and clients seeking to understand the most significant privilege in the practice of law. The book, written in question-and-answer format, examines the boundaries of the privilege, providing guidance on issues that attorneys grapple with on a regular basis as to what is — and is not — covered by the privilege, and how the privilege is protected and lost.
Among the topics receiving in-depth treatment are what constitutes “attorney,” “client,” and “communication” for purposes of the privilege; choice-of law issues; waiver; and exceptions to the privilege. The 2018 edition is updated and expanded throughout, reflecting the most current state of the law. New material in the 2018 edition includes:
• New discussion of the “functional equivalent” test regarding whether the privilege applies to communications between independent contractors working for a company and the company’s lawyer
• New discussion of whether emails that an employee sends to his or her attorney using his or her employer’s system are confidential• Updated guidance on preventing waiver of the privilege when privileged documents are inadvertently produced during discovery, using mechanisms provided by Federal Rule of Evidence 502