The attorney-client privilege protects communications for the purpose of obtaining legal advice between attorney and client.1 It applies not only to communications with outside counsel but also with in-house attorneys who are acting in the role of legal advisors as opposed to decision-makers.2 Normally, the disclosure of communications that are protected by the attorney-client privilege will waive the privilege as to all attorney-client communications regarding the same subject matter.3 Waiver of privilege makes attorney-client communications discoverable in a lawsuit.
In some circumstances, however, discussion of privileged material with a third party becomes necessary to coordinate a legal strategy among two or more people or entities. The "common interest" or "joint defense" privilege, which applies to such circumstances, is an exception to the...
