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Beware: Not All Communications Between Court-Appointed Bankruptcy Professionals Are Privileged

A successful Chapter 11 representation requires a close working relationship between the client's attorneys and non-attorney professionals, and the latter are generally kept fully abreast of the attorney's strategies on behalf of their common client. But where a communication otherwise protected by the attorney-client privilege is disclosed to, or made in the presence of a third party, the communication may no longer be, or deemed never to have been considered privileged.

29 minute read May 02, 2015 at 12:00 AM
By
Norman N. Kinel and Terence D. Watson
Beware: Not All Communications Between Court-Appointed Bankruptcy Professionals Are Privileged

It is virtually a given in all but the smallest Chapter 11 bankruptcies that financial advisers and/or investment bankers will be retained to assist in the representation of the debtor or any official committee.

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