Attorney-Client Privilege: Can Client Identities Be Protected Under the Privilege?

The program, presented by Ian Comisky of Fox Rothschild and Bryan Skarklatos of Kostelanetz LLP, will focus on the scope of the attorney-client privilege and whether client identities can be protected under the privilege. A recent decision, which at the time of this course description is subject to a motion for rehearing en banc, Taylor Lohmeyer Law Firm, PLLC v. the United States, 957 F.3d 505 (5th Cir. 2020), held that the identities of the client were not within the scope of the privilege. The program will explore the current status of the attorney-client privilege and the different approaches among the circuit courts as to whether the identities of clients may be protected.

Learning Objectives:

1. Identify the basics of the attorney-client privilege

2. Examine the attorney-client privilege as it applies to client identity

3. Analyze the differing approaches between the circuits, with a focus on the Taylor Lohmeyer decision, to determine when client identity may be protected