Chapter 12 Content and “communication” Element

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

Chapter 12

CONTENT AND "COMMUNICATION" ELEMENT

12.1 INTRODUCTION

When analyzing attorney-client privilege protection, content is king.

• Context plays a lesser role in determining the privilege's applicability.

• This contrasts with the work product doctrine, which focuses more on context than content. ¹

Attorney-client privilege protection usually involves communications, nearly always between clients and their lawyers.

• The privilege can extend to essentially any type of communication, and sometimes even to acts.

12.2 APPROACH OF THIS OUTLINE

This outline analyzes common misperceptions about this "content" element of attorney-client privilege protection, then focuses on general rules governing all privileged communications.

The outline focuses on attorney-client communications' content in several chapters.

• Chapter 11 discusses the privilege's general inapplicability to background logistical details about attorney-client relationships and communications.

• This chapter focuses on the privilege's possible applicability to different types of communications and even acts.

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• The outline then turns to lawyers' role in such communications.

• Chapter 14 focuses on whether the lawyer was primarily acting as a legal advisor, and Chapter 15 emphasizes the importance of such communications' substance—which must primarily relate to legal advice.

Some privilege principles apply regardless of a communication's direction, while other specific...