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Attorney-Client Privilege and Work Product Doctrine Issues: Basic Rules and New Trends

Attorney-Client Privilege and Work Product Doctrine Issues: Basic Rules and New TrendsWebinar
Product Code - LGN279
Speaker(s): Thomas E. Spahn, McGuireWoods LLP
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This program will explore perhaps the most important legal doctrine all lawyers should understand: the attorney-client privilege. It will also address the separate but related issue of work product doctrine protection.

The following ten topics will be discussed: (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 a 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' agents and consultants; (7) privilege waiver, including implied, "at issue" and subject matter waivers; (8) joint defense and common interest agreements and 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.

Educational Objectives:

• Understand the critical differences between the attorney-client privilege and the work product doctrine.

• Learn about the surprising narrowness and fragility of the attorney-client privilege.

• Discover the nuances of privilege protection in a corporate setting.

• Find out about the great risks involved in relying on common interest/joint defense agreements.

Who would benefit most from attending this program?

Every lawyer must be familiar with the attorney-client privilege. Although litigators primarily deal with the work product doctrine, every lawyer should also know the advantages and disadvantages of that separate, but related, protection.

Program Level: Basic-Intermediate.
Prerequisite: A general knowledge of legal ethics and professional responsibility.
CPE Delivery Method: Group Internet-Based Live
Field of Study: Specialized Knowledge and Applications
Recommended CPE Credit: 1.5 credits
Anticipated CLE Credit: 1.5 credits (may vary based on from which jurisdiction requested)
Anticipated Ethics Credit: 1.5 credits (pending)

For additional information, please see the “CE Credit” tab.

Thomas E. Spahn, McGuireWoods LLP

Thomas E. Spahn, McGuireWoods LLP
Tom Spahn practices as a commercial litigator with McGuireWoods in Tysons Comer, Virginia. Mr. Spahn was selected as the 2013 metro-Washington, D.C. "Lawyer of the Year" for "Bet the Company Litigation" by The Best Lawyers in America. He has served on the ABA Standing Committee on Ethics and Professional Responsibility and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.

Mr. Spahn has written extensively on the attorney-client privilege, ethics and other topics, and he has spoken at more than 1,200 CLE programs throughout the U.S. and in several foreign countries. He graduated magna cum laude from Yale University and earned a J.D. from Yale Law School. Mr. Spahn in licensed to practice in Virginia.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana, Delaware and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please allow up to four to eight weeks for CLE processing. Contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Individual programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. For specific questions, contact your state MCLE regulatory entity for specific questions about your MCLE rules or visit the American Bar Association’s website for general information on accreditation.

If you have further questions regarding a specific state or how to file for CE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator or send an email to