Protecting Atty-Client Privilege In 1st-Party Insurance
September 20, 2011, 12:09 PM EDT
Law360, New York (September 20, 2011, 12:09 PM EDT) -- Still regarded as the most important privilege for confidential communications, the attorney-client privilege is integral to an attorney’s need to be fully informed by the client. In light of the privilege’s importance, it is imperative that clients and their counsel take proper steps to ensure the privilege is not waived.
Courts recognize both the express and implied waiver of the attorney-client privilege. Express waivers are fairly easy to recognize: They generally consist of a party knowingly disclosing confidential information to someone to whom the privilege does...