One of the great myths of the legal profession is that the attorney- client privilege promises absolute confidentiality, to ensure clients’ full disclosure to their counsel. However, as most lawyers know too well, clients have a natural propensity to engage in self-protective selective disclosure—which may be justified, given the many exceptions to the supposedly clear, certain and reliable rule and the vigor with which most counsel attack their adversaries’ invocation of the privilege.
This article discusses ways in which the attorney-client privilege may be more trouble than it is worth, making the case that the it serves little use in practice, while the work-product privilege offers a safer harbor.
Originally published in The National Law Journal on June 16, 2014.
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