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Attorney-Client Privilege and Work Product Doctrine CLE

Mark your calendars for the upcoming CLE March 24 from 11:00-1:00.  We are excited to host Thomas E. Spahn, well known speaker and author. He has spoken at over 2,000 CLE programs throughout the U.S. and in several foreign countries, so this is a real honor to have him speak for LCBA.  This program will explore perhaps the most important legal doctrine all lawyers should understand — the attorney client privilege.  The program will also address the separate but related work product doctrine protection.  With both protections, the program will include up-to-date case law.  The program will explore ten topics:  (1) how to determine which attorney-client privilege and work product law will apply; (2) clients’ nearly universal misunderstanding of the privilege’s applicability, and the key legal advice component; (3) privilege protection in the corporate setting (including the danger of widespread intracorporate communications, beyond those with a “need to know”); (4) sources of proof courts examine in analyzing privilege protection, and practical steps for maximizing the protection; (5) basic work product principles (including the “litigation,” “anticipation,” and “motivation” elements); (6) identifying who is outside privilege protection, including clients’ and lawyers’ agent/consultants; (7) privilege waiver (including implied, “at issue” and subject matter waivers); (8) joint defense/common interest agreements (highlighting their unpredictability); (9) work product waiver, which dramatically differs from privilege waiver; (10) privilege and work product issues arising before, during and after internal corporate investigations.  

This program has been submitted to the bar for the approval of 2 ethics CLE credits.

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