The Attorney-Client Privilege and the Work-Product Doctrine, Fifth Edition
 | Average Customer Rating: Recommend The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous,… Product details and pricing info |
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1 Customer Review Posted
- THE bible when it comes to the Attorney-Client Privilege and the Work-Product Doctrine. EVERY attorney should have a copy!
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I loved this "book." I say book in quotes because it is really a two-volume 1474-page legal treatise on the subject matter its title clearly indicates it covers. The book's Table of Contents reads as follows:
I. The Attorney-Client Privilege (ACP) [1-9]
II. The Work-Product Doctrine (WPD) [10-16]
III. Factor Common to both ACP & WPD [17-24]
1. Purpose & scope of the ACP
2. Standing
3. Elements of the ACP
>>A communication
>>Privileged persons
>>In confidence
>>For purpose of seeking or obtaining legal assistance
4. Waiver of the ACP
5. Exceptions to application of the ACP
6. Criminal convictions based on attorney testimony
7. Survival of the ACP
8. ACP in international context
9. Ethical concerns
10. Purpose of the WPD
11. Procedural matters
12. Elements of WPD
>>Documents & tangible things otherwise discoverable
>>Prepared in anticipation of litigation or for trial
>>By or for another party or that party's representative
13. Qualifications on WPD
>>Substantial need
>>Unable to obtain substantial equivalent
>>Balancing need for information against WPD policies
14. Protecting attorney's mental impressions
15. Exceptions to the WPD
16. Waiver of the WPD
17. Underlying facts not privilege protected
18. Procedural issues
19. Deposing & testifying counsel
20. Waiver of privilege in government prosecutions or investigations
21. ACP & WWD in the Electronic Age
22. "Two strings to the bow" raising both ACP & WPD
23. Interplay between FOIA and ACP/WPD
24. Conclusion: Whither the privilege
For more than two years now I have been doing document review work in the discovery process regarding large class action lawsuits. Probably the most complex aspect of the work I do relates to identifying documents as protected by the ACP, WPD, or both. When I make such identification, then I have to document my beliefs in what is called a Privilige Log (see pages 1188-1215 for discussion of privilege logs). And that's why I purchased this book. It does a wonderful job helping me determine when, why, and how to document my findings regarding documents I see fit to include in a privilege log.
My favorite part of the book was Part III where the author covers Privilege Logs, "In Camera" Inspections, and The ACP/WPD in the Electronic Age. And I especially liked the deep coverage of various court cases cited. As a result the book sort of has the feel of a legal digest since it included many quotes from many cases on point.
I would have liked the book better if it had been organized a little differently. I think the material in Part III should have been moved to the front of the book so the reader can ease themselves into the book before facing the technical rules of ACP and WPD. I think summary chapters of both ACP and WPD should be added to Part III if it is to be moved to the front of the book. And then the ACP material in the current Part I can be moved to Part II. And the WPD material in the current Part II can be moved to Part III. The other thing this book needed was an index of terms. I can't go to the back of the book and look up "Privilege Log." No such index exists, and one should. But this book is quite a resource. 5 stars! - 2008-06-12, 3 of 3 people found this review helpful, Rated:
