Atlantic Legal Conference on the Erosion of the Attorney-Client Privilege


For a complete report on the Attorney-Client Privilege Conference, click here.

Atlantic Legal is organizing a conference on the subject of the erosion of the attorney-client privilege.

The topics to be covered in the conference are: History of the Attorney-Client Privilege

This discussion will be led by Professor Geoffrey C. Hazard of the University of Pennsylvania Law School.

Governmental Proceedings

  • Holder (Thompson) Memorandum
  • New Sentencing Guidelines
  • SEC pronouncements and practices
  • Preservation of privilege (as to third parties) of materials submitted to regulators

Sarbanes-Oxley’s Effects on the Privilege

  • Reporting up
  • Reporting out/Noisy withdrawal
  • QLCCs

Inside vs. Outside Counsel

  • in U.S.
  • overseas
    • common law vs. civil law jurisdictions
    • bar admitted vs. non-bar admitted inside counsel

Scope of applicability of privilege to non-lawyer members of team, e.g., PR professionals, accountants, etc., and interplay of fiduciary duties vs. the privilege

Joint Defense Agreements/Common Interest Privilege

  • across state jurisdictions
  • under Sentencing Guidelines

Why is it important to stop the erosion of the privilege?

Possible Solutions to the Problem of the Erosion of the Attorney-Client Privilege

  • Legislative fixes
  • Other

The conference will be held on Thursday, March 10, 2005 at the Mandarin Oriental Hotel, 1330 Maryland Avenue, S.W., Washington, D.C. 20024. The conference will be preceded by a dinner at the hotel for conference participants on Wednesday evening, March 9 with cocktails at 6:30 p.m., and dinner at 7:30 p.m.

We are in the process of lining up an all-star team of conference participants, as well a speaker for the dinner on the 9 th. Former Solicitor General Theodore B. Olson will be our luncheon speaker on March 10.

Please contact Atlantic Legal for further information about the conference.