Product Liability & Complex Torts -

Attorney-Client Privilege

This 2019 Compendium, prepared by the ALFA International Product Liability & Complex Torts Practice Group members was designed to serve as a single resource for ALFAI clients regarding important attorney client and work product privileges. The Compendium provides a synopsis of significant case law or statutes involving:

  • General circumstances under which the jurisdiction will treat a communication as attorney-client privileged, including identification of all required elements/circumstances.
  • Whether the jurisdiction recognizes/preserves the attorney-privilege for communications among co-defendants in joint-defense or common-interest situations.  If so, what are the requirements for establishing two or more co-defendants’ communications qualify?
  • Key pitfalls/situations likely to result in the loss of the ability to claim the protections of the privilege – e.g., failure to assert, waiver, crime-fraud exception, assertion of advice of counsel, transmittal to additional non-qualifying recipients, etc.
  • Recent trends or limitations imposed by the jurisdiction on the scope of the attorney-client privilege.

The compendium and quick reference guide are meant as an overview. We hope you find the materials helpful. Should you have questions, please contact a member of the ALFA International Product Liability & Complex Torts Practice Group who can provide the appropriate in-depth analysis.

DISCLAIMER: Articles contained within this compendium provide information on general legal issues and are not intended to provide advice on any specific legal matter or factual situation. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel.