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Attorney-Client Privilege

Instructor: Peter C. John

Many practitioners believe that as long as a lawyer is communicating with a client, or a client is communicating with a lawyer, the attorney-client privilege applies. However, there are a number of exceptions to what lawyers believe are attorney-client-protected communications and even more exceptions to the work-product privilege. For instance, the attorney-client privilege does not exist if the client’s contact with the lawyer is concerning business decisions as opposed to receiving legal advice. There also is the crime/fraud exception to communications where a claim is made that the client was involved in fraud and therefore waives the attorney-client privilege. Many corporations make the mistake of copying email communications to addressees who are not in the control group and therefore are outside the protection of the attorney-client or even the work-product privilege. Additionally, there are exceptions to the work-product privilege depending upon the particular circumstances involved. This one-hour program revisits the attorney-client and work-product privilege issues in Illinois and other jurisdictions (upon request).

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