The Selective-Waiver Doctrine: Is It Still Alive?

In the past few years, attorneys and commentators had sought to establish the selective-waiver doctrine by proposing changes to the Federal Rules of Evidence. This in-depth analysis explains why.

18 minute read November 25, 2008 at 07:48 AM

Jonathan S. Feld And Blake Mills

The Selective-Waiver Doctrine: Is It Still Alive?

The attorney-client privilege is sacrosanct in our criminal-justice process. Its confidentiality protections are fundamental to effective representation. Yet in recent years, the attorney-client privilege and government demands for its waiver have become a controversial topic affecting companies seeking the benefits of cooperation in criminal investigations.

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