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Heads or Tails? Different Sides of the Same Coin: Attorney-Client Privilege and Work-Product Doctrine

Understanding the Contours and Nuances of Attorney-Client Privilege and Work-Product Doctrine in Pennsylvania

Program originally presented Wednesday, July 26, 2023

In this CLE program, our featured speaker will address the fundamentals; examine the key differences between attorney-client privilege and the work product doctrine in-depth; and offer attorneys practical tips when invoking or challenging work product doctrine and attorney-client privilege.

Learn the answers to the following questions.

• What does privilege protect… purely factual communications?
• How does the privilege apply – basic principles and in derivative actions?
• What are trial courts’ obligations prior to making privilege determinations? What are the sources of proof courts examine in analyzing privilege protection?
• How are privileged materials distinguished from work product?
• Do the rules for work-product waiver differ dramatically from the rules for privilege waiver? How?

Hear guidance on preserving the privilege.

• Understand privilege in context of corporations, in-house counsel and electronic communications
• Determine how to establish and maintain the privilege
• Consider what constitutes waiver, how it can be avoided, and how it can be remedied

Receive an update on recent significant Pennsylvania cases, and current controversies stemming from attorney-client privilege and the work-product-doctrine.

Featured Speaker:
Kevin P. Allen, Esq.
Partner, Duane Morris LLP
Pittsburgh

0168ODV