66 Pages Posted: 11 Aug 2007
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.
Keywords: privilege, attorney-client privilege, discovery, corporations, litigation ethics
JEL Classification: K41
Suggested Citation: Suggested Citation
Thornburg, Elizabeth G., Sanctifying Secrecy: The Mythology of the Corporate Attorney-Client Privilege. Notre Dame Law Review, Vol. 69, p. 158, 1993-1994. Available at SSRN: https://ssrn.com/abstract=1006313