Reports, Scholarship, and Surveys on Attorney-Client Privilege

The attorney-client privilege is fundamental to fairness and balance in our justice system and essential to corporate compliance regimes. Without reliable privilege protections, executives and other employees will be discouraged from asking difficult questions or seeking guidance regarding the most sensitive situations. Available on this page are a variety of reports, scholarship, and surveys on the decline of the Attorney-Client Privilege and Work-Product Doctrine.  

David D. Cross and Mathya Nagendra, The Demise of Subject Matter Waiver: Federal Rule of Evidence 502(a) Five Years Later, Bloomberg BNA Insight, November 7, 2013

Paul W. Grimm, Lisa Yurwit Bergstrom & Matthew P. Kraeuter, Federal Rule of Evidence 502: Has It Lived Up to Its Potential?, XVII Rich. J. L. & Tech. 8 (2011)

Amy Jane Longo & William Dance, Federal Rule of Evidence 502 - Lessons from the First Year, ABA Committee on Pretrial Practice & Discovery, Winter 2010

Nadia Malik and Regina M. Rodriguez, Corporate Counsel Beware: Federal Government Still Wants You to Waive Attorney-Client Privilege, July 28, 2009

Wayne Morse Jr., Oops, It Happened Again: Inadvertent Disclosure under New Federal Rule of Evidence 502, ABA Committee on Pretrial Practice & Discovery, Summer 2009

Jonathan S. Feld and Blake Mills, The Selective-Waiver Doctrine: Is It Still Alive?, Law Journal Newsletters Business Crimes Bulletin, December 2008

Mark J. Stein and Joshua A. Levine, The Filip Memorandum: Does It Go Far Enough?, Corporate Counsel (Law.com), September 11, 2008

No Retreat Now – The long fight to protect the attorney-client relationship against aggressive prosecutors can only end with legislation, Legal Times, September 1, 2008

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Justice E. Norman Veasey, Report to the Senate Judiciary Committee on the McNulty Memorandum, September 13, 2007

Waiver Of The Attorney-Client Privilege: A Balanced Approach, Washington Legal Foundation, 2006

Survey Results: The Decline Of the Attorney-Client Privilege in the Corporate Context, Coalition of Business Groups, March 2006 (including the Executive Summary from April, 2005)

Michael Levy and Todd Ellinwood, The Applicability of the Attorney-Client Privilege to Non-Attorney Members of the Legal Team, Spring 2005