Privilege
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Privilege
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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Some Courts Understand Work Product Waiver, and Some Don’t
Unlike the very fragile attorney-client privilege (which can be waived even by disclosure to family members), the more robust work product doctrine protection survives disclosure to friendly third parties.
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