The Intersection of Attorney-Client Privilege, Work Product Doctrine & Confidentiality

Attorney-client privilege, the attorney work product doctrine, and a lawyers' ethical duty to protect client confidentiality are similar and related, but different concepts, and the confluence/interaction of these concepts frequently confuses lawyers and judges. As a result, dicey situations may arise where one or more doctrine is in play, and these issues must be litigated.

This presentation, taught by Cohen Gresser partner C. Evan Stewart, is designed to help practitioners navigate in and around these challenging shoals.

Learning Objectives:

1. Assess the similarities and differences between the privilege doctrine, the work product doctrine, and confidentiality
2. Discuss where these doctrines may conflict in litigation
3. Review hypotheticals for resolving doctrinal conflicts in practice