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Protecting the Confidentiality of the Work of an ‘Outsider’ On the Defense Team: Maximizing the Protections of The Attorney-Client Privilege And Work Product Doctrine
By Sara E. Kropf and Julie Marie Blake
Complex white collar criminal cases increasingly require counsel to investigate and understand facts in many different industries, engage in considerable pretrial practice, and prepare for lengthy trials. Most lawyers cannot do this alone. Lawyers are not experts in every industry, nor can they get ready for every part of trial without outside assistance. For instance, a white collar defense lawyer will be able to conduct internal corporate investigations but probably cannot personally trace funds through overseas banks in complex international financial transactions. A public defender will know how to build a legal argument to exclude evidence obtained illegally but will not be qualified to investigate the background of the police officers who conducted the search. Defense counsel can strategize about the testimony from former employees that would strengthen his case, but counsel will need help finding witnesses located overseas or even cross-country. And a trial lawyer c
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