Attorney-Client Privilege and Work Product Protection Update: Client Identity, Crime Fraud, and Beyond

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 recent 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, presented by tax attorneys Ian Comisky and Bryan Skarlatos, 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. 

Learning Objectives: 

1. Review basics of the attorney-client privilege and work-product protection

2. Discuss attorney-client privilege as it applies to client identity

3. Identify the differing approaches between the circuits with respect to the protection of client identity

4. Provide insight on exceptions to the privilege and protection, including the crime-fraud exception

5. Assess recent decisions discussing the seizure of client files and other potentially privileged documents