Understanding the Basics, and Not-So-Basics, of the Attorney-Client Privilege & Work Product Doctrine

$195.00

Re-Broadcast on November 21, 2017

In American legal jurisprudence, the attorney-client privilege is frequently referred to as “sacrosanct,” with origins pre-dating the Constitution. Although it is commonly understood to be an “absolute privilege,” the privilege does not actually apply to all aspects of the attorney-client relationship. Additionally, there are exceptions and waivers that can both intentionally and inadvertently compromise communications that would otherwise be typically protected. Similarly, the protections of the Attorney Work Product Doctrine now face significant practical challenges, especially in an era of increasing e-discovery and reliance on technology.

This CLE webinar will begin with a general overview of the basics of the Attorney-Client Privilege & Work Product Doctrine, and then engage a more detailed analysis of emerging issues and technology considerations; key differences between attorney-client privilege and the work product doctrine; selected differences between state privilege law and federal privilege law and practical tips for protecting and promoting work product, attorney-client privilege and confidentiality.

This course is co-sponsored by the Federal Bar Association.

Key topics to be discussed:

•   Basics of Attorney-Client Privilege and Work Product Doctrine
•   Key Differences Between Attorney-Client Privilege and Work Product Doctrine
•   Key Differences Between State and Federal Laws
•   Technology and its Impact on Attorney-Client Privilege, Confidentiality, and the Work Product Doctrine
•   Ethical Considerations, Practice Pointers and Tips for Protecting and Promoting Confidentiality, Attorney-Client Privilege and Work Product Doctrine

Date / Time: November 21, 2017

•  2:00 pm – 4:00 pm Eastern
•  1:00 pm – 3:00 pm Central
•  12:00 pm – 2:00 pm Mountain
•  11:00 am – 1:00 pm Pacific

Choose a format:

•  Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•  On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

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Clear

Re-Broadcast on November 21, 2017

Kathleen C. Chavez, Esq. is a founding partner of Foote, Mielke, Chavez & O’Neil, LLC.

Ms. Chavez earned her Juris Doctor degree in 1998 from Northwestern University Pritzker School of Law and a Bachelor of Science degree in Finance from Northern Illinois University in 1995. She was admitted to the Illinois bar in 1998 and is admitted in the United States District Court for the Northern District of Illinois, United States District Court for the Central District of Illinois, the United States District Court for the Southern District of Illinois, the Seventh Circuit Court of Appeals, the Federal Trial Bar, Federal Court of Claims and has been admitted pro hac vice in cases nationwide.

Ms. Chavez is an accomplished trial attorney who has extensive complex civil litigation experience (including class, multi-plaintiff, mass tort and individual), including multi-district litigation (“MDL”), federal and state civil litigation, administrative proceedings and arbitration. She frequently serves in leadership roles, on committees and as a team member in some of the most challenging and transformative complex civil litigation nationwide. Her practice areas include a range of complex matters, involving competition law, consumer fraud and unfair trade practices law, environmental law, technology law, intellectual property and trademark law, qui tam law, civil rights law, contract law, Racketeering Influenced and Corrupt Organizations Act (“RICO”) law, labor and employment law and hour, insurance and other state and federal statutory and common law claims.

Ms. Chavez has utilized her diverse experience and unique background to consistently provide invaluable contributions in cases that require the cooperation and collaboration of multiple plaintiffs’ counsel. Whether as a leader or a team member, Ms. Chavez consistently offers an unparalleled level of advocacy, energy, enthusiasm and commitment to her clients. Recoveries from the cases in which she has been involved (including verdicts, judgments and settlements) exceed $7 billion dollars and involve a diverse range of complex civil claims.

Ms. Chavez is a member of the American Bar Association (“ABA”), the Chicago Bar Association (“CBA”), the Federal Bar Association (“FBA”), the National Employment Lawyers Association (“NELA”), the Kane County Bar Association (“KCBA”), and the Women’s Bar Association of Illinois (“WBAI”). She is a frequent speaker at conferences and seminars, and has received numerous recognitions and distinctions, including certification as an American Arbitration Association (“AAA”) Employment Panel Arbitrator; Leading Women Lawyers; and Top Employment Lawyers for Employees, Chicago Lawyer Magazine; Top Women Lawyers, Top 10 % of Lawyers in the USA, Lawyers of Distinction; Chicago Lawyer Magazine; and inclusion in selective and peer-reviewed organizations such as: Leading Lawyers, Esteemed Lawyers of America® and Lawyers of Distinction.


Elizabeth C. Chavez, Esq. is an Associate Attorney at Foote, Mielke, Chavez & O’Neil, LLC. Ms. Chavez received her juris doctor from Loyola University Chicago School of Law after graduating with a Bachelor of Arts from the University of Wisconsin-Madison. In 2016, she was licensed to practice in the State of Illinois, the United States District Court for the Northern District of Illinois, and the United States District Court for the Central District of Illinois.

Ms. Chavez practices in the areas of complex civil litigation, civil rights and labor and employment law. She has experience representing employees in front of administrative agencies (the Equal Employment Opportunity Commission, the Illinois Department of Human Rights and the Illinois Department of Labor) and state and federal courts. Ms. Chavez recently obtained a $6.45 million jury verdict on behalf of two plaintiffs who brought claims against their former employer and alleged the employer subjected them to a hostile work environment because of their sex. Davis, et al. v. Packer Engineering, Inc. (Case No. 11-cv-07923, United States District Court for the Northern District of Illinois).

Ms. Chavez is a member of the American Bar Association (“ABA”), the Chicago Bar Association (“CBA”), the Federal Bar Association (“FBA”), and the Kane County Bar Association (“KCBA”). She is also a member of the National Employment Lawyers Association (“NELA”) and the Women’s Bar Association of Illinois (“WBAI”). Ms. Chavez most recently spoke at the Kane County Bar Association Employment and Labor Law Seminar.

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Section I. Introduction
a) Overview of course
b) General introduction to the concepts of confidentiality, attorney-client privilege, and the work product doctrine

Section II. Basics of Attorney-Client Privilege
a) Definition, purpose and history of attorney-client privilege
b) Elements of attorney-client privilege:
        i. Who is the client
        ii. When does the attorney-client privilege attach
        iii. Communication
        iv. Made in confidence
        v. Purpose of seeking, obtaining, or furnishing legal advice or assistance
c) Examples of privileged and non-privileged communications
d) Invoking attorney-client privilege
e) Exceptions to attorney-client privilege
f) Waiver of attorney-client privilege
g) Sources of attorney-client privilege (federal and state)
h) Attorney’s duty of confidentiality versus attorney-client privilege

Section III. Basics of Work Product Doctrine
a) Definition, purpose of, and history of work product doctrine;
b) Elements of work product doctrine:
        i. What constitutes work product
        ii. Materials prepared in anticipation of litigation or trial
        iii. During the course of representation
c) Examples of work product
d) Who can produce work product
e) Who can invoke the protections of the work product doctrine
f) Exceptions and waiver of the work product doctrine
g) Impact of certain disclosures of work product:
        i. Disclosure of work product to non-testifying experts
        ii. Disclosure of work product to testifying experts
        iii. Disclosure of work product to auditors
        iv. Disclosure of work product to the Government
        v. Disclosure to third parties
h) Work product doctrine inapplicable to trial documents
i) Sources of work product doctrine (state and federal)

Section IV. The Difference between Attorney-Client Privilege and Work Product Doctrine
a) Differences in the level of protection and waiver;
b) Invoking both the attorney-client privilege and work product doctrine; and
c) Examples of disclosures that may result in waiver of attorney-client privilege, but not the work product doctrine .

Section V. Selected Differences between State and Federal Laws
a) Attorney-Client Privilege
b) Work Product Doctrine

Section VI. Technology and its Impact on Attorney-Client Privilege, Confidentiality and Work Product Doctrine
a) E-Communications: issues involving e-mail, instant messaging, text messaging and other forms of electronic communications
        i. Shared smart phones and other electronic devices
        ii. Shared e-mail and access to e-mail accounts
b) Issues related to client use of social media, blogs and the internet
c) Issues related to attorney use of social media, blogs, online reviews, and attorney communications on the Internet
d) Issues related to data and document storage, cloud computing, mobile devices and third-party vendors
e) E-Discovery and complications with production of voluminous data:
        i. “Claw-Back” and “Quick-Peak” Agreements
        ii. Party agreements
        iii. Court orders

Section VII. Ethical Considerations, Practice Pointers and Tips for Protecting and Promoting Confidentiality, Attorney-Client Privilege and Work Product Doctrine
a) General
b) Corporate issues and considerations
c) Trans-Border and multi-national issues and considerations