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Privilege
Client Consultants' Role Can Change Over Time, With Differing Waiver Implications
Some lawyers erroneously assume that the fragile attorney-client privilege protection normally survives disclosure (by them or by their clients) to the client’s consultant/agent. That can be true in very limited circumstances, depending on that consultant/agent’s role — which can change over time.
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Pennsylvania Federal Court Helpfully Distinguishes Between Privilege and Work Product Protection
The last several Privilege Points have emphasized the different waiver implications of disclosing privileged communications and protected work product. For the most part, the distinctions rest on the very different societal benefits and costs of the ancient attorney-client privilege and the relatively new work product doctrine.
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Waiver Implications of Disclosing Work Product to the Government
Last week's Privilege Point described a court's refreshingly correct acknowledgment that disclosing work product to friendly third parties does not waive that robust protection — in contrast to the more fragile privilege protection.
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