Chapter 5

COMMUNICATIONS

A. WHAT IS PROTECTED BY THE PRIVILEGE?
§ 5:1 Communications Protected, Not Information
B. WHOSE COMMUNICATIONS ARE PROTECTED?
§ 5:2 Direct Protection For Client to Attorney Communications; Derivative Protection For Attorney to Client Communications
§ 5:3 Implications of Derivative Protection
§ 5:4 Derivative Protection--Implications of Expanding Direct Protection to AttorneyCommunications
§ 5:5 Derivative Protection--Communications From Attorney's Agent to Attorney or Client
§ 5:6 Derivative Protection--To What Extent Must Communications From Attorney or the Attorney's Agent Reveal Confidential Client Communications
§ 5:7 Derivative Protection--Communications of Legal Advice Given by Attorney Between Client's Agents
§ 5:8 Derivative Protection--Communications Between Cocounsel and From Attorney to File; Must Written Communications From Attorney be Sent to Client For Protection to Apply--The Status of Drafts
§ 5:9 --Attorney's Records or Files Generally: Communications to Cocounsel and Notes to File
§ 5:10 --Bank Records Maintained by Attorney For Client
§ 5:11 --Notes Revealing Contents of Nonprivileged Pre-Existing Documents
§ 5:12 --Must Document Authored by Attorney be Communicated to Client For Protection to Apply
§ 5:13 --Drafts of Documents Being Prepared For Dissemination to Third Parties
§ 5:14 Derivative Protection--Discovery From Attorney; Pre-Existing Documents Communicated to Attorney--Knowledge Attorney Acquired From Client Communications
§ 5:15 Taking Derivative Protection Step Too Far--Client's Decisions Based on Attorney's Advice
§ 5:16 Preparatory Communications--Communications Among Client's Agents or Between Client's Agents and Client in Anticipation of Communications With Attorney
§ 5:17 Cooperative Communications--Communications From Client, Attorney, or Agent of Either to Coparty, Coparty's Attorney, or Agent of Either in Joint Defense Effort
C. FORMS OF COMMUNICATIONS
§ 5:18 Generally
§ 5:19 Pre-Existing Documents
§ 5:20 Telefaxes and Telecopies
D. WHAT RELATIONSHIP MUST COMMUNICATION
HAVE TO LEGAL ADVICE SOUGHT?
§ 5:21 Generally

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Chapter 5 of 12
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