The Champion

May 2007 , Page 40 

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The Attorney-Client Privelege Protection Act of 2007

By Stephanie A. Martz

  • What the Bill Does
  • Why We Still Need It
  • FAQs

Few issues have ignited such widespread agreement among the bar and business community, and Democrats and Republicans alike, as the way federal prosecutors have come to treat the attorney-client privilege in the corporate setting. In short, the privilege is a commodity for the Department of Justice — a corporation can trade it and the information it protects in exchange for avoiding criminal prosecution.1 This arrangement is, of course, less a free-market transaction and more a contract of adhesion, since for many companies indictment equals demise.

Groups such as NACDL, the ABA, and the ACLU have joined forces with the U.S. Chamber of Commerce, the Association of Corporate Counsel, and the American Chemistry Council to fight this trend. The coalition has not arisen out of a Machiavellian attempt by business groups to use bar groups for “cover” in order to “roll back” corporate prosecution standards. Rather, we ha

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