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Litigation White Collar Crime

Pitfalls of the Attorney-Client Privilege

The attorney-client privilege is a critical component in the legal process but its protection is constantly being challenged in complicated corporate investigations. There are measures that attorneys should, where possible, take steps to mitigate the risk of losing the privilege.

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The attorney-client privilege is fundamental. It protects communications: 1) made in confidence; 2) by a client; 3) to an attorney; 4) for the purposes of securing legal advice or assistance. In re Grand Jury Subpoena, 2 F.4th 1339, 1345 (11th Cir. 2021). However, its impenetrability is not absolute. Recent highly publicized criminal investigations and trials reinforce that the upsurge in investigations has led to increased scrutiny of these privileged communications.

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