What is the attorney-client privilege?

Attorney-client privilege is the right of clients to refuse to disclose confidential communications with their lawyers, or to allow their lawyers to disclose them. It is the client's privilege, not the lawyer's, and is the earliest known “privileged communication” in the law. The attorney-client privilege is viewed as fundamental to preserve the constitutionally based right to effective assistance of legal counsel, in that lawyers cannot function effectively on behalf of their clients without the ability to communicate with them in confidence.

What is the work product doctrine?

The work product doctrine provides protection from disclosure through the legal process of pre-trial "discovery" of certain documents and other tangible things prepared by a lawyer in preparation for or anticipation of going to trial. Examples of the kinds of things protected by the doctrine are memoranda reflecting mental impressions, conclusions, opinions or legal theories developed by lawyers as they prepare for trial.

Why are the attorney-client privilege and work product doctrine important?

The attorney-client privilege is the bedrock of the client’s constitutionally based right to effective assistance of counsel. From a practical standpoint, it plays a key role in helping clients, including companies, to act legally by permitting them to seek guidance on what the law allows and requires and how to conform their conduct to the law. In addition, the privilege allows organizations such as corporations to investigate past conduct by corporate officers and employees, to identify shortcomings and remedy problems as soon as possible, by ensuring that the client can communicate fully with the investigating lawyer without risk of public exposure. That benefits the corporations, the investing community and society-at-large. A related concept, the work product doctrine underpins our adversarial justice system. It allows lawyers to prepare for litigation without risk that their work product and mental impressions will be revealed to court adversaries, undermining their own legal position.