The attorney-client privilege and work product doctrine remain two of the most important discovery-challenging tools in an attorney’s arsenal. Although both doctrines appear relatively straightforward in definition, increasing legal challenges to their interpretation and application have rendered the principles significantly less clear-cut, if not entirely confusing. The creation of new legal entities and the development and use of modern technology has served only to exacerbate the issue. Does the attorney-client privilege apply when the client is a corporation? What about communications involving affiliated corporations, putative class members, or public relations firms? How do courts apply the work product doctrine to nonparties?
Premium Content For:
- Tort Trial and Insurance Practice Section