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Maintaining the Attorney-Client Privilege: Pitfalls and Pointers for Transactional Attorneys

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Date Published

September 27, 2017


Mecklenburg County Bar


General, Practice Management


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The attorney-client privilege is the backbone of the legal profession and is in play on a daily basis. Many clients and their lawyers would like to cloak transactional deals in confidentiality, and the attorney-client privilege appears to be a ready-made vehicle for doing so. But simply having a lawyer involved in a transaction does not automatically confer the right to suppress all communications about the deal on the grounds of privilege.

I. Defining Privilege [10 minutes]
A. Overview of Privilege in the U.S.
B. Elements of Attorney-Client Privilege
C. Opinion Work Product
II. Potential Pitfalls [20 minutes]
A. Identifying Common Potential Pitfalls
i. Legal Advice versus Business Advice
ii. Serial CC-ing
III. Publicly Disclosed Documents
iv. Communications Outside the Control Group
B. Transaction-Specific Examples of Pitfalls
i. Work Product Protection
C. Privilege when advising affiliates
D. Subject Matter Waiver
III. How Does Privilege Differ Outside of the U.S. and in Cross-Border Transactions? [15 minutes]
A. Observations about Privilege Outside of the U.S.
B. Overview of Privilege in Various Countries
IV. Hypothetical Scenarios [10 minutes]
V. Takeaways and Q&A [5 minutes]
The views and opinions are not necessarily those of the 26th Judicial District Bar.

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Valecia McDowell
Moore & Van Allen, PLLC

Neil Bloomfield
Moore & Van Allen, PLLC

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Program Titles and Supporting Materials

This program contains the following components:

Maintaining the Attorney-Client Privilege: Pitfalls and Pointers for Transactional Attorneys - Video
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