Attorney-Client Privilege and Work Product Protection: Client Identity, Crime Fraud, and Beyond (2025 Update)
1h 2m
Created on May 14, 2025
Advanced
Overview
This program will focus on the attorney-client privilege and work product protection and critical exceptions that have arisen. There have been a number of decisions requiring attorneys to disclose client identities. In addition, recent case law has reviewed exceptions, including the crime fraud exception to the attorney-client privilege and work-product protection. There have also been recent cases where search warrants were employed to seize client records and other potentially privileged documents. The program will explore the current status of the attorney-client privilege and work product protection and the different approaches among the circuit courts as to what information currently can be protected. The program will also review ethical obligations of attorneys and recent ethics opinions with respect to withdrawal and information disclosure.
Learning Objectives:
Explain the foundational principles of attorney-client privilege and work product protection
Analyze how the attorney-client privilege applies to the disclosure of client identity
Compare and contrast how different circuit courts interpret and apply protections for client identity
Identify key exceptions to privilege and protection, including the crime-fraud exception and circumstances involving search warrants
Evaluate the ethical obligations of attorneys regarding withdrawal and disclosure, including recent ethics opinions and guidance
Credits
Faculty
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