A Positive Theory of the Attorney-Client Privilege and the Work Product Doctrine
41 Pages Posted: 30 Mar 2017
Date Written: March 25, 1990
This article proposes a positive theory that explains the confidentiality rules. Our argument is that the attorney-client privilege and the work product doctrine offer two perspectives of a larger goal of increasing the amount of information about disputes that is available to courts and to work against the disincentives to the production of that information which would otherwise exist.
Keywords: confidentiality, attorney-client privilege, ethics
JEL Classification: K49
Suggested Citation: Suggested Citation