Richman on DOJ Forcing Waiver of Attorney-Client Privilege

Posted by Alan Childress
As if right on cue to Mike’s post on APRL’s view on amending the ABA’s Model Rule 3.4 to prohibit requiring waiver of privilege, Daniel Richman (Fordham), shown right, has posted to SSRN his essay, “Decisions About Coercion:  The Corporate Attorney-Client Privilege Waiver Problem.”  Here is the abstract:

This symposium essay explores the contestable empirical and normative assumptions that underlie criticisms of the Justice Department’s policies with respect to the waiver of corporate attorney-client and work-product privileges. And it considers how authority with respect to prosecutorial decisionmaking in this area ought to be allocated.