PR

• Communication
• confidential
• between attorney-client
• for the purpose of obtaining legal advice

• Don't have to disclose evidence if other side doesn't ask for it
• Don't have to turn over records suggesting criminal activity

any constituent who within scope of their employment would have relevant info that the attorney was seeking

• Lawyer self-protection
• Crime-fraud

Court can use in camera review of material to see if privilege exists if other side presents a "reasonable person" threshold showing possible crime-fraud

• selective waiver- waiver as to a particular individual
• limited waiver- only waived as to actually disclosed communications
• subject-matter waiver- waived privilege to every communication on same subject-matter

• precautions taken to prevent ID
• time taken to rectify error
• scope of discovery
• extent of disclosure
• extent of disclosure
• "fairness"

• (a)- disclosures inside federal proceeding- subject-matter waiver
• (e)- make an agreeement with DOJ to keep confidential- only applies to parties unless court order
• (d)- court can order that the privilege is not waived
• (b)-inadvertent disclosure- traditionally waived, but courts modernizing

• (1) the disclosure is inadvertent
• (2) the holder of the privilege took reasonable steps to prevent disclosure
• (3) holder promptly took reasonable steps to rectify the error