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The Attorney-Client Privilege and the Work-Product Doctrine
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Updated On:
20799
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Hardcover Book
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Contrary to what new attorneys may believe the attorney-client privilege isn't the same as the ethical obligation to maintain client confidences. That obligation doesn’t cover all communications involving an attorney and a client, and the work-product doctrine does not protect everything an attorney does. Even lawyers who have been practicing for decades can find themselves stumped by questions that touch on these privileges. The Attorney Client Privilege and the Work Product Doctrine directly examines the scope of a lawyer's responsibility to a client when called as a witness or when otherwise required to produce evidence. It identifies the many misconceptions about the confidentiality of the information shared between attorney and client, and provides clear answers to the questions that typically arise on the disclosure of that information in litigation and everyday practice. It explains what that responsibility is as defined under the law, how to determine which forum’s laws apply to a particular privilege question, what the purposes and basic requirements are for applying the attorney-client privilege and work-product doctrine, explains how these protections can be waived, covers what happens if an attorney inadvertently produces a privileged or protected document, and discusses other pertinent topics that will be of particular use to practitioners across the United States. Written by an attorney for all attorneys, it is, above all, a practical work designed to provide easy access to incisive, focused information on this intricate topic when needed.
Eric Gallon is Of Counsel at Porter, Wright, Morris & Arthur LLP, where he has worked since 1999. His practice is focused on Clean Air Act compliance and enforcement, public utility law, and general corporate litigation. He was named an Ohio Super Lawyers Rising Star in 2010, 2011, 2013, 2014, and 2015. Since 2007, he has regularly lectured and written on privilege law, expert witness law, and on environmental and energy law. He graduated magna cum laude from The Ohio State University in 1996 with a B.A. in political science and a minor in French and graduated from the University of Chicago Law School in 1999.
“This is an enormously helpful guide to an intricate and occasionally counterintuitive area of law. Eric Gallon has distilled two decades of practical experience with evidentiary privileges into a handy, linear exposition of the rules, the gaps, and the traps for the unwary. It is worth keeping on your desk and revisiting often.” - Carl A. Aveni, Carlile Patchen & Murphy LLP
“Eric Gallon's book is outstanding. I recommend reviewing it often, to stay ahead of potential privilege and work product concerns. More importantly, I recommend picking up his work when facing any attorney/client or work product issues, and particularly any potentially thorny situation. I’ve recently moved in-house, and I know I will use this resource to guide me as I work with my clients, to assist them in maintaining the privilege they desire for their communications with me.”
- Craig R. Carlson, Senior Counsel – Litigation, American Electric Power
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