Chapter 1 Organization of the Outline

• Library: A Virginia-Specific Summary Guide: Attorney-Client Privilege & Work Product Doctrine (Virginia CLE) (2016 Ed.)

Chapter 1

ORGANIZATION OF THE Outline

1.1 INTRODUCTION

This outline contains sixty chapters, focusing on:

• The attorney-client privilege (Chapter 2-32).

• The work product doctrine ( Chapters 33-50).

• The process of asserting and litigating both protections (Chapter 51-60).

1.2 ATTORNEY-CLIENT PRIVILEGE

Chapter 2 introduces the attorney-client privilege, and provides some basic principles.

• The attorney-client privilege stands alone as the oldest and most important evidentiary privilege.

1.3 CLIENTS

Chapter 3 through 8 address the "client" component of the attorney-client privilege.

• Chapter 3 introduces the topic, and Chapter 4 deals with a variety of clients.

• Chapter 5 discusses joint representations, in which a lawyer represents multiple clients on the same matter.

• Chapter 6 discusses privilege in the corporate context.

• Chapter 7 discusses the "fiduciary exception," under which beneficiaries of a fiduciary duty may sometimes access communications between the fiduciary and its lawyer.

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• Chapter 8 discusses communications with clients' agents or consultants, which normally do not deserve privilege protection.

1.4 LAWYERS

Chapter 9 and 10 address the "lawyer" component of the attorney-client privilege.

• Chapter 9 discusses lawyers, and Chapter 10 discusses lawyers' agents and consultants.

1.5 CONTENT OF COMMUNICATIONS

Chapter 11 through 18 address the attorney-client privilege's key "content" requirement.

• Chapter 11 discusses generally unprotected background facts about attorney-client relationships and attorney-client communications.

• Chapter 12 introduces the content requirement, and Chapter 13 discusses the attorney-client privilege protection's limitation to communications that primarily relate to clients' request for legal advice.

• Chapter 14 discusses lawyers' role as legal advisors, and Chapter 15 discusses particular communications regardless of the communications' client-lawyer direction.

• Chapter 16 discusses the privilege's application to clients' communications to lawyers, and Chapter 17 discusses communications running the other way.

• Chapter 18 discusses what is called the "crime-fraud exception," which denies privilege protection for communications that further a client's crime or serious wrongdoing.

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1.6 CONTEXT OF COMMUNICATIONS

Chapter 19 through 21 address communications' context, rather than their content.

• Chapter 19 discusses the effect of third parties' presence during otherwise privileged communications, which generally aborts the privilege.

• Chapter 20 discusses the "joint defense" or "common interest" doctrine, which stands as an exception to the normally destructive participation of a third

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