Privilege

Privilege

McGuireWoods LLP

Separately represented clients sometimes may avoid the normal waiver implications of sharing privileged communications by entering into a common interest agreement — but such contractual arrangements frequently do not work.

Privilege

McGuireWoods LLP

Attorney-client privilege protection lasts forever, but determining work product doctrine protection’s duration presents a more subtle analysis.

Privilege

McGuireWoods LLP

The last two Privilege Points have addressed the implied waiver implications of litigants (defendant in the Crypto King’s trial and plaintiff in the case described last week) relying on legal advice to defend against or assert a claim.