President Carmen Hernandez's letter to Senate Judiciary Committee leadership regarding A bill to amend the Federal Rules of Evidence to address the waiver of the attorney-client privilege and the work product doctrine (S. 2450, 2007).

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent-Appellant Facebook.

Argument: This Court should grant direct appellate review in this case because the public interest in preserving work product protection and attorney-client privilege is of such importance that justice requires a final determination by this Court. In compelling Facebook to produce information generated in the course of an attorney-led investigation, the Superior Court failed to properly apply the work product and attorney-client privilege protections that attached to those materials. The work product doctrine protects from disclosure information generated in the course of an attorney-led investigation that is conducted “because of” anticipated litigation, and an attorney’s sorting of information during a privileged investigation cannot be discoverable by his adversary. And the attorney-client privilege protects confidential communications between lawyers and their clients even if the client publicly discloses the existence of an attorney-led investigation. In rejecting these principles, the Superior Court created dangerous uncertainty in the attorney-client relationship.

White Collar Crime Policy: The SEC's New Cooperation Policy

Letter from House Judiciary Committee Chairman John Conyers and Crime Subcommittee Chairman Bobby Scott to Attorney General Holder Concerning Attorney-Client Privilege and Work-Product Doctrine, December 16, 2009.

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 policies, press releases and other guidance from various government agencies relating to the Attorney-Client Privilege and Work-Product Doctrine.  

Filip Memorandum: Principles of Federal Prosecution of Business Organizations, August 28, 2008.

In 2017, the U.K. High Court of Justice handed down a decision holding that attorney work papers, including witness interview memoranda, were not protected by the “litigation privilege” under U.K. law. Given the frequency of cooperation between the U.K. Serious Fraud Office and the U.S. Department of Justice, NACDL recognized that the decision had implications in the United States. When the case was appealed, NACDL sought to ensure that the U.K. appellate court understood the international implications of the High Court’s decision. This article tells that story.

Brief of Amicus Curiae of the National Association of Criminal Defense Lawyers.

Argument: Wholesale collection of telephony records by the government deprives clients of their right to counsel by vitiating the confidentiality of attorney-client communications and attorney files. The strong protections afforded the confidentiality of legal work include the attorney-client privilege, work product doctrine and the duty of confidentiality. Bulk seizure violates confidentiality rules and impairs the right to a defense. The government’s current practices eviscerate FISA’s relevance and minimization requirements.