10.6 Scope of Available Protection

LibraryThe Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide (Virginia CLE) (2013 Ed.)

10.6 SCOPE OF AVAILABLE PROTECTION

To the extent that a lawyer agent meets the requisite standards, the privilege can protect a variety of communications. For example, a court finding that an accountant is inside the privilege protection because the accountant is assisting the lawyer in providing legal advice could protect as privileged:

Communications between a lawyer and the accountant; 11
Communications in which the client provides facts to the accountant; 12
Materials the lawyer has given to the accountant; 13
Materials generated by the accountant. 14

Courts concluding that an accountant is outside the privilege would not protect any of these communications, because the accountant would be considered a stranger to...

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