The Trial Lawyer’s Guide to the Attorney-Client Privilege and Work-Product Doctrine - Softcover

Über die Autorinnen und Autoren

Reagan W. Simpson is a partner in the Houston, Texas, law firm of Yetter Coleman LLP, a litigation boutique. After graduating from the University of Texas with a bachelor’s degree and from the University of Texas School of Law, he served as a law clerk to the late Thomas Gibbs Gee, Judge of the United States Court of Appeals for the Fifth Circuit. Reagan has spent the past 45 years trying cases to juries and appealing cases tried to juries. He is an Advocate in the American Board of Trial Advocates and a Member of the American Law Institute. He is certified in Civil Appellate and Civil Trial Law by the Texas Board of Legal Specialization. Reagan is a Fellow of both the American College of Trial Lawyers and the American Academy of Appellate Lawyers.

Robert P. Redemann is of-counsel with and a former shareholder in the Tulsa, Oklahoma, law firm of Perrine, Redemann, Berry, Taylor & Frette, PLLC. A graduate of the University of Wisconsin-Madison and the University of Tulsa, School of Law, he has been a trial lawyer since 1978 and has generally defended parties in civil lawsuits. He has experience in toxic torts, products liability, and employment law issues. He is a member of the Oklahoma Bar Association, the State Bar of Wisconsin, all Oklahoma federal court districts, the Tenth Circuit Court of Appeals and the United States Supreme Court. He serves the United States District Court for the Northern District of Oklahoma as an Adjunct Settlement Judge. He is active in the American Bar Association’s Tort, Trial & Insurance Practice Section, the Oklahoma Bar Association, and the Tulsa County Bar Association.

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This book is not a scholarly work on the attorney-client privilege or the work-product doctrine. Nor is it a 50-state survey. Even as to the jurisdictions on which this book is focused—federal courts and state courts in California, Illinois, New York, and Texas—there is no intent to be exhaustive.

Instead, the purpose of this book is to provide practical guidance to civil trial lawyers in litigating claims of confidentiality for attorney-client communications and attorney work product. It is a practice guide both for lawyers seeking to obtain such information and for those seeking to protect such information.

The book begins by discussing the basic elements of the attorney-client privilege and work-product doctrine. Following chapters deal with the common interest or joint defense privilege, waiver of privileges, exceptions to privileges, and procedural tools for litigating privileges. The next section of the book offers guidance concerning privilege issues in specific practice areas, namely, the representation of organizational clients, insurance disputes, bankruptcy matters, patent litigation, public relations related to litigation, and internal investigations in anticipation of litigation.