Privilege
More Privilege Articles
Privilege
Sending an Adversary a Draft Complaint Does Not Waive Privilege or Work Product Protection
Would-be litigants sometimes send a draft complaint to the would-be adversary — either to deter their bothersome conduct or to spur settlement talks.
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Can Litigants on Opposite Sides of the "v." Ever Enter Into a Common Interest Agreement?
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.
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Attorney-Client Privilege Lasts Forever -- What About Work Product Protection?
Attorney-client privilege protection lasts forever, but determining work product doctrine protection’s duration presents a more subtle analysis.
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