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?