Attacks on the attorney-client privilege, erosion of your work-product protections, and demands for waiver by prosecutors, regulators, auditors, and third party plaintiffs are increasing in frequency and scope.  ACC fights for the protection of the attorney-client and work product privileges, and your client's rights to confidentiality.

Focus Documents

ACC Attorney-Client Privilege Resource Bibliography

Bibliography Download PDF 2009

Attorney-Client Privilege Erosion in the In-House Context

Attorney Client Privilege Protection Act of 2007/08

Quick Reference Download PDF 2008

Legislation to protect the attorney-client privilege in the corporate context, strongly endorsed by the ACC and its coalition partners, was introduced in late 2006 and reintroduced in 2007 by Senator Specter as S.186. Identical legislation, introduced in July 2007 as H.R. 3013, passed the House on voice vote. This current iteration, substantively the same bill, was reintroduced by Senator Specter in June 2008 as S. 3217.

ACC’s Attorney-Client Privilege InfoPAK (2006)

Infopak Download PDF 2006

Discusses the application of privilege in situations common to in-house counsel. Additionally, it addresses new changes to the attorney-client privilege arising from the Sarbanes-Oxley Act and changes to the Federal Sentencing Guidelines.

ACC’s Pragmatic Practices in Privilege Protection (2006)

CLO Material Download PDF 2006

Discussion of research on privilege erosion problems focusing on: audit process, internal investigations, individual rights of employees, document retention policies, limited waiver issues, and prosecution agreements and corporate monitorships.

“Wither” Attorney-Client Privilege?

Docket Article Download PDF 2005

ACC senior vice president and general counsel, Susan Hackett, writes how the corporate attorney-client privilege is eroding in today's world of corporate transparency, and discusses the effects of these changes on companies, and concludes with a call to arms.