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In Support of the Establishment of State Committees on Attorney-Client Privilege

Resolution 9: In Support of the Establishment of State Committees on Attorney-Client Privilege

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WHEREAS, the attorney-client privilege and work-product doctrine help maintain the confidential relationship between client and attorney which allows clients to discuss their legal problems fully with their counsel so as to promote compliance with the law and ensure effective advocacy; and

WHEREAS, in response to the national concern raised by the conduct of corporate officials during the unexpected failure in recent years of several large American corporations, some law enforcement and regulatory authorities have adopted policies, practices and procedures that could have the effect of eroding the attorney-client privilege and work-product doctrine; and 

WHEREAS, the Conference of Chief Justices has previously adopted a resolution in support of the preservation of the attorney-client privilege and work-product doctrine as essential to maintaining the confidential relationship between client and attorney thereby promoting the proper and efficient functioning of the American justice system; and

WHEREAS, the ABA Task Force on Attorney-Client Privilege has encouraged the creation of state and local bar committees to educate themselves on the issues surrounding attorneyclient privilege;

NOW, THEREFORE, BE IT RESOLVED that the Conference endorses and supports the creation of state and local bar committees devoted to the preservation of the attorney-client privilege and work-product doctrine that are so vital to our legal system.

 

Adopted as proposed by the CCJ Professionalism and Competence of the Bar Committee at the 58th Annual Meeting on August 2, 2006.