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

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Price

$75 for Participant Rate
$0 for CLE Annual Pass Holder
$10 for Judicial Rate

60 minutes
Date Published

September 27, 2017

Publisher

Mecklenburg County Bar

Subjects

General, Practice Management

Questions

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Summary

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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Presenters

Valecia McDowell


Neil Bloomfield


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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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Credit

If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

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How to Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.

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