Attorney Client Privilege (1)

Written by LexShares Team | Aug 12, 2016 1:57:37 PM | 0 Comments

How Does Sharing Information with Litigation Funders Affect the Attorney-Client Privilege and Attorney Work Product Protection?

First explicitly recognized by the Supreme Court over 130 years ago in Hunt v. Blackburn1 and reaffirmed nearly a century later in Upjohn Co. V. United States2, the safeguards against discovery provided by the attorney-client privilege and attorney work-product protection have long been cornerstones of modern legal practice in the United States.3  While, as a general rule, attorney-related protections against disclosure are waived whenever protected information is disclosed by a client to a third party, a growing body of case law has developed to preserve those protections in situations where information or work product is shared with litigation funders. 

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Topics: Attorney-Client Privilege, Litigation Finance