The Common Interest Doctrine - Breakout #2

Thursday, May 31 
(2:00 - 3:20pm)

Moderator: Alan Weil
Panelists: William Barker, Margaret Keeley, Jeff Smith

In the words of the United States Supreme Court, “the attorney-client privilege is the oldest of the privileges for confidential communications known to the common law. Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.” It does this "'by removing the fear of compelled disclosure of information.”'" But the protection of the privilege can be waived if privileged communications are disclosed to someone beyond the scope of the privilege. It is thus very important to know to whom disclosure can be made without waiving the privilege.

Materials

  1. Barker Slide Deck
  2. TIPS 53-1 01 Barker
  3. Ambac v Countrywide NYAD 2016
  4. The Attorney-Client Privilege and the Common-Interest Doctrine

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