Legal Privileges and Protections

Understanding legal protections helps manage risk:

Attorney-Client Privilege:

  • Protects communications with legal counsel
  • Must be properly invoked and maintained
  • Can cover incident response if attorney-directed
  • Waived if disclosed to third parties

Work Product Doctrine:

  • Protects materials prepared for litigation
  • Includes investigation reports and analysis
  • Must anticipate litigation
  • Broader than attorney-client privilege

Marking Privileged Documents:

ATTORNEY-CLIENT PRIVILEGED AND CONFIDENTIAL
ATTORNEY WORK PRODUCT
DO NOT DISTRIBUTE

This document contains confidential attorney-client communications
and/or attorney work product prepared in anticipation of litigation.