Attorney-Client Privilege: A Practical Guide

Agenda / Content Covered

1. Attorney-Client Privilege vs. Work Product vs. Confidentiality
   10:00 — 10:45, Peter Ostermiller
   1. Rules, Terms, and Definitions
   2. Attorney's Duty of Confidentiality
   3. Attorney Work-Product Doctrine
   4. Privilege Rules
2. The Extent and Boundaries of the Attorney-Client Relationship
   10:45 — 11:30, Peter Ostermiller
   1. Who Is the Client? Individuals, Businesses, Associations, etc.
   2. Confidential Communication
      1. Presumption of Confidentiality Between Attorney and Client
      2. Dual Purpose Communications
      3. Communications With Third Parties
      4. Non-Confidential Information
   3. During the Attorney-Client Relationship
   4. What Constitutes "Information Given for the Purpose of Obtaining Legal Representation?"
   5. Notable Exceptions to Attorney-Client Privilege
3. Privilege Waivers and Privilege Logs
   11:45 — 12:30, Peter Ostermiller
   1. Lawyers' Breach of Duty
   2. Waiver for Fee Disputes With Client
   3. Testamentary Intent Waiver
   4. Express Waiver by the Client
   5. Inadvertent Disclosure
   6. Unnecessary Disclosure
   7. Waiver by Assertion of Advice of Counsel
   8. Waiver by Untimely Discovery Responses
   9. Fundamental Fairness (Implied Waiver)
   10. Privilege Logs in Practice
4. 3. Guarding Privilege During Internal Investigations and Other In-House Counsel Issues
   12:30 — 1:15, Peter Ostermiller

Accreditation Details:

Peter L Ostermiller is a sole practitioner concentrating in legal ethics and professional responsibility matters. Mr. Ostermiller represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. He has also represented parties in attorney’s fee dispute proceedings; attorneys in legal proceedings in which sanctions have been sought against the attorney; represented parties in attorney disqualification proceedings; and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He is a member of the Kentucky Bar Association, Louisville Bar Association, and the Association of Professional Responsibility Lawyers. Mr. Ostermiller served on the Kentucky Bar Association's Ethics 2000 Committee which proposed changes to the Rules of Professional Conduct to the KBA, which resulted in the July 2009 revisions to the ethics rules. He graduated with his B.A. and J.D. degrees from the University of Louisville.