Intentional Waivers of Privilege and the Opinion of Counsel: Can the Scope of Disclosure be Managed

15 Pages Posted: 28 May 2020

See all articles by Amy L. Landers

Amy L. Landers

Drexel University Thomas R. Kline School of Law

Date Written: March 1, 2004

Abstract

In any given patent dispute, the protections afforded by the attorney-client privilege and work product doctrines are foundational assumptions when documentation is created and client communications take place. The purpose of each doctrine is to encourage "full and frank communication" between lawyer and client, and afford attorneys the opportunity to permit thorough trial preparation without the fear that such material will become available to opposing counsel through discovery. Therefore, memorandum, e-mails and transcribed voicemails often contain sensitive information created based on the parties' belief that the sensitive information will not become available to opposing counsel. However, when creating such sensitive documentation, attorneys may not always carefully consider the fact that the sensitive material may later be displayed-larger than life-to a jury examining whether their client has engaged in willful patent infringement.

Keywords: Waivers of Privilege, Attorney-Client Privilege, Patent dispute

Suggested Citation

Landers, Amy L., Intentional Waivers of Privilege and the Opinion of Counsel: Can the Scope of Disclosure be Managed (March 1, 2004). Santa Clara Computer and High Technology Law Journal, Vol. 20, No. 3, 2004, Available at SSRN: https://ssrn.com/abstract=3588847

Amy L. Landers (Contact Author)

Drexel University Thomas R. Kline School of Law ( email )

3320 Market Street
Philadelphia, PA 19104
United States

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