Threshold – is it privileged or not?
Work product doctrine does not apply in a transactional or other non-litigation setting where there is no contemplation of litigation. Attorney-client privilege applies to confidential attorney-client communications regarding legal advice no matter what the type of representation except when it discloses confidential communications from the client to the lawyer; however privilege may be pierced on a showing of overriding public concern. This video reviews examples to make points, to test points and to illustrate the points that are central to the identifying, understanding, maintaining and working to avoid inadvertent waiver of privilege.
Rebecca M. Lamberth
Duane Morris LLP
- Partner with Duane Morris LLP with over 30 years of litigation experience
- Co-chair of the firm’s Commercial, Securities and Antitrust Litigation Practice Division
- Practices in the areas of securities litigation, complex commercial litigation and the representation of lawyers and law firms
- Represents public and private companies, including REITs, with extensive experience in complex business and securities litigation, securities disclosure and corporate governance
- Advises public company clients on securities disclosure, corporate governance and D&O insurance issues and represents corporate clients before the SEC
- Represents and counsels lawyers and law firms in litigation and concerning professional conduct issues
- Written and spoken on topics related to her areas of expertise
- Atlanta Magazine named her a Georgia Super Lawyer (2006-2013)
- Listed in the Super Lawyers Corporate Counsel Edition
- Achieved the highest rating with the Martindale-Hubbell Law Directory
- J.D. degree, University of Virginia School of Law; B.A. degree, summa cum laude, Vanderbilt University
- Can be contacted at 404-253-6900 or [email protected]
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