Privilege

Privilege

Thomas E. Spahn | McGuireWoods LLP

The frighteningly unpredictable "at issue" waiver doctrine can strip away attorney-client privilege protection when the client seeks some legal advantage by putting "at issue" its knowledge, ignorance, conduct, etc. This type of waiver does not involve any actual disclosure of privilege communications or any explicit reliance on lawyers or their advice.

Privilege

Thomas E. Spahn | McGuireWoods LLP

Most if not all courts recite the tenet that corporations can lose their privilege protection for privileged documents circulated within the corporation to employees beyond those with a "need to know."

Privilege

Thomas E. Spahn | McGuireWoods LLP

As Privilege Points have periodically mentioned, some courts inexplicably limit work product protection to documents lawyers prepare or order to be prepared. This type of mistake is not the only one that some courts make.