Testimonial Privileges, 2023 ed. (Trial Practice Series)

The practice-oriented Testimonial Privileges helps attorneys deal with the complex issues of privilege and confidentiality facing them on a daily basis, both in transactional practice and in litigation. Exploring the tension between almost-sacred privileges and the need for truth in the adversarial process, the authors cover all aspects of privilege and privileged communications, including complete coverage of the attorney-client privilege and the work product doctrine; the privileges available for certain relationships, such as spousal, clergy, accountants, doctors, and therapists; executive and governmental privileges; and others. The treatise:

• Examines privilege issues that are vital in everyday corporate life
• Analyzes the attorney-client privilege as applied to communications with in-house counsel
• Assesses the risk of waiving privileges through communication with company auditors and disclosure to government agencies
• Provides guidance on avoiding inadvertent waiver during discovery
• Recommends practical steps for protecting privileges in a corporate setting
• Provides expert guidance on structuring internal investigations to establish and protect privileges
• Reviews the challenges presented by electronic discovery and amendments to the Federal Rules of Civil Procedure
• Includes a foreword by Hon. John M. Facciola, United States Magistrate Judge for the United States District Court for the District of Columbia, which introduces the reader to the importance of privileged communications in modern-day society and underscores the need for legal practitioners to have a firm understanding of privilege law