Sanctifying Secrecy: The Mythology of the Corporate Attorney-Client Privilege
Elizabeth G. Thornburg
Southern Methodist University - Dedman School of Law
Notre Dame Law Review, Vol. 69, p. 158, 1993-1994
This article surveys the traditional justifications for giving corporations the benefit of attorney-client privilege. It rejects both moral and utilitarian explanations and argues that, far from being beneficial or benign, the privilege actually does great harm to the truth-seeking function of litigation and imposes tremendous transaction costs on the litigants and on the judicial system as a whole.
Number of Pages in PDF File: 66
Keywords: privilege, attorney-client privilege, discovery, corporations, litigation ethics
JEL Classification: K41Accepted Paper Series
Date posted: August 11, 2007
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