Defending Attorney-Client Privilege

SPECIAL NOTICE TO MEMBERS AND NON-MEMBER LAWYERS: If you are notified by the Department of Justice or any other government entity that they intend to monitor your communications with a client, require you to waive attorney-client privilege during negotiations, or furnish work-product protected materials in relation to a criminal or agency-related investigation, please click here to notify the NACDL national office.

Executive Summary of Attorney-Client Privilege Survey: The Decline Of the Attorney-Client Privilege in the Corporate Context, March 2006

NACDL Testifies Before Sentencing Commission Regarding Attorney-Client Privilege and Work Product Doctrine, March 15, 2006

NACDL Statement on Attorney-Client Privilege, March 2, 2006

NACDL Past President Testifies Before ABA Task Force on Attorney-Client Privilege, April 21, 2005

Executive Summary of Attorney-Client Privilege Survey, NACDL, April 2005

NACDL Ethics Advisory Committee's Formal Opinions

No. 03-04 - Representation Before Military Commissions
No. 03-03 - Requirement for Defendant to "Check In" with Attorney
No. 03-01 - Attorney Time Sheets as Evidence
No. 02-01 - Monitored Jail Conversations
No. 92-02 - Client Perjury




NACDL's Comments On The Attorney General's Order Regarding Monitoring Of Attorney-Client Communications...


New BOP regulations already in effect. Criminal defense organization warns members, monitors intrusions on attorney-client communications -- Washington, D.C. (November 9, 2001) -- The National Association of Criminal Defense Lawyers has warned its members that a new Bureau of Prisons regulation allows their conversations with clients to be monitored and in some cases monitored without notice to the attorney or client. NACDL is also asking its members and other criminal defense lawyers to contact the NACDL national office if they receive notice or become aware that the government is eavesdropping on their client conversations or reading their client mail.

Statement of Robert Hirshon, ABA President, on DOJ Rules

Hide details for News Commentary and Articles On New BOP RegulationsNews Commentary and Articles On New BOP Regulations

Uncertainty Over Attorney-Client Privilege Eroding Client Communications, ABA Told (U.S. Law Week - May 10, 2005)
A Wiretap In Every Home (The Washington Post - January 10, 2002)
Liberty vs. Security (St. Louis Post-Dispatch - December 11, 2001)
An Invitation to John Ashcroft (New York Times - November 21, 2001)
Another attack... on the Bill of Rights (The Washington Times - November 19, 2001)
A Travesty of Justice(New York Times - November 16, 2001)
End-Running the Bill of Rights (Washington Post - November 16, 2001)
Experts Divided on New Antiterror Policy That Scuttles Lawyer-Client Confidentiality (New York Times - November 13, 2001)
Power to Abuse? (Miami Herald© - November 13, 2001)
An Affront to Democracy (Washington Post© - November 12, 2001)
Invading a Confidence (St. Louis Post-Dispatch© - November 12, 2001)
Civil rights advocates promise to fight Ashcroft on eavesdropping order (Knight Ridder Newspapers© - November 10, 2001)
Feds Monitor Lawyer-Client Calls (The Associated Press© - November 9, 2001)
Attorney-Client Confidentiality Waived in Rule (The Wall Street Journal© - November 9, 2001)
Rule on Detainees Called 'Terrifying' (Washington Post© - November 9, 2001)
Rule Would Bypass Attorney Privilege (Newsday Washington Bureau - November 6, 2001)


BOP Regulations:
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National Association of Criminal Defense Lawyers (NACDL)
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