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2019 Attorney Client and Work Product Privileges
This 2019 Compendium, prepared by the ALFA International Product Liability & Complex Torts Practice Group members and edited by Nick Wheeler (Cosgrave Vergeer Kester LLP), Dina Cox (Lewis Wagner) and Steven Getzoff (Lester Schwab Katz & Dwyer, LLP) 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.
Click here to view the 2019 Product Liability Quick Reference Guide.
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.
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Colombia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
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Mississippi
Missouri
Montana
Nebraska
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New Hampshire
New Jersey
New Mexico
New York
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North Dakota
Ohio
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Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Canada- Alberta
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.