Legal Professional Privilege and Professional Secrecy: Overview (US: New York and California) | Practical Law

Legal Professional Privilege and Professional Secrecy: Overview (US: New York and California) | Practical Law

A Practice Note providing an overview of the laws in the US (New York and California) relating to the protection available to lawyer-client communications and the best practices for preserving the confidentiality, privilege, and secrecy in those communications in business and commercial situations. In the context of privilege and professional secrecy rules, this Note also considers the definition of lawyers and clients, the impact of a common interest or joint representation on the applicability of privilege, and the application of privilege in an internal investigation or an M&A transaction.

Legal Professional Privilege and Professional Secrecy: Overview (US: New York and California)

Practical Law UK Practice Note Overview w-033-6982 (Approx. 14 pages)

Legal Professional Privilege and Professional Secrecy: Overview (US: New York and California)

by Liz Roper, Graham Cronogue, and James Gilmore, Baker McKenzie
Law stated as at 01 Jul 2023USA (National/Federal)
A Practice Note providing an overview of the laws in the US (New York and California) relating to the protection available to lawyer-client communications and the best practices for preserving the confidentiality, privilege, and secrecy in those communications in business and commercial situations. In the context of privilege and professional secrecy rules, this Note also considers the definition of lawyers and clients, the impact of a common interest or joint representation on the applicability of privilege, and the application of privilege in an internal investigation or an M&A transaction.
This Note is meant for foreign counsel working on cross-border matters. For US practitioners looking for detailed guidance on attorney-client privilege, see Attorney-Client Privilege and Work Product Doctrine Toolkit and Privilege and Work Product Toolkit (NY).