1 / 0

PRIVILEGES AND DOCTRINES WITH TOM SPAHN

PRIVILEGES AND DOCTRINES WITH TOM SPAHN. Thomas E. Spahn McGuireWoods LLP. Unauthorized Practice of Law Issues . Risk to the privilege. Two Very Different Protections: Attorney-Client Privilege and Work Product Doctrine. Age and purpose When available Who can create Other differences

keziah
Download Presentation

PRIVILEGES AND DOCTRINES WITH TOM SPAHN

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. PRIVILEGES AND DOCTRINES WITH TOM SPAHN

    Thomas E. Spahn McGuireWoods LLP
  2. Unauthorized Practice of Law Issues Risk to the privilege
  3. Two Very Different Protections: Attorney-Client Privilege and Work Product Doctrine Age and purpose When available Who can create Other differences Availability of both the protections Wisdom of always considering both protections
  4. Choice of Laws: Privilege Overseas communications Within the United States Contract provisions
  5. Choice of Laws: Work Product Easy choice of laws analysis Risk of federal courts’ variations State courts
  6. Attorney-Client Privilege Protection in the Corporate Setting Identifying the client within the corporation and the corporate family Communications with current employees
  7. Privilege Protection within the Corporate Setting: Good News Upjohn standard Former employees “Functional equivalent” standard
  8. Privilege Protection within Corporations: Bad News “Control group” test Fiduciary exception
  9. Attorney-Client Privilege: Motivational Requirement “Primary purpose” test Four types of privileged communications
  10. Privilege Protection: Establishing the Privilege Client Misperceptions Danger of intracorporate circulation (Vioxx) Lawyers as copy recipients Drafts
  11. Privilege Protection: Importance of Legal Advice Inapplicability to facts, bills, historical documents, etc. Uncommunicated client documents Crime-fraud exception
  12. Work Product: Motivational Element Inapplicability to documents created because of an external or internal requirement Inapplicability to documents created in the ordinary course of business
  13. Work Product: Other Elements Litigation Anticipation “Trigger” event “Aid/Assist” test versus “because of” test Parallel motivation
  14. Work Product: Other Subtle Issues Intangible work product Need for legal content? Sporck doctrine Adversary’s ability to overcome the protection Fact versus opinion work product
  15. Privilege: Narrowness and Fragility Client agents/consultants Irrelevance of confidentiality agreements Lawyer agents/consultants Inadvertent waiver Subject matter waiver
  16. Privilege: Loss without Disclosure Implied waiver At issue waiver
  17. Privilege: Exception to the Waiver Doctrine Joint representations Joint defense/common interest agreements
  18. Work Product: More Robust Protection than Privilege Creation Ability to share without waiver Importance of confidentiality agreements
  19. Work Product: Bad News Courts’ variations Spoliation
  20. Internal Corporate Investigations Initiation Course Use
  21. Logistics Privilege logs Evidentiary support Interlocutory appeals
More Related