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Most people believe that their lawyer will keep their communications secret, but it is not always so. This program will help you recognize the issues that pervade the attorney-client privilege—and thus help you keep your clients’ secrets.
The attorney-client privilege is the oldest known secrecy privilege. It was accepted as early as the reign of Elizabeth I in England, although then the privilege was owned by the attorney, not the client.’ But, during the Clinton administration, attorneys for the President and Mrs. Clinton had to disclose their notes regarding conversations with them. Litigation over the attorney-client and related privileges have involved a significant number of public figures, including Presidents Nixon and Clinton and their lawyers, socialite Klaus VonBulow, lawyer Alan Dershowitz, Mrs. Clinton and many others.
Difficulty over the application of the doctrine has not been experienced by public figures alone. In every day litigation, risk managers, claims personnel, corporate executives, and their lawyers frequently misunderstand the privilege, sometimes with devastating results.
Certain recurring situations endanger the privilege. More sophisticated procedures should be enacted by clients and their corporations to ensure that secrets can be kept. Before reviewing such procedures, however, the doctrine itself must be understood |
