(Papers to be published in Journal of the Professional Lawyer)
One or more speakers to be selected from Call for Papers.
The importance of attorney-client privilege to the legal profession has not spared it from attacks on numerous fronts. Through most of the past twenty years, prosecutors sought to weaken corporate attorney-client privilege, demanding that companies waive the privilege if they wished to make deals that avoided the “death penalty” of indictment. Technology has become an increasing concern, as new modes of communication imperil the security of attorney-client communications. Moreover, many lawyers have succumbed to the temptation to mine their adversaries’ electronic documents for “meta-data” that provides confidential information, even when that information was transmitted inadvertently. In terrorism cases, the government has sought to monitor attorney-client conversations. Legislatures, courts and the bar have struggled to cope with these new developments. Our panel will address the issues and suggest solutions.
Business Meeting at Program Conclusion.