Part 1 Comparative Overview of Concepts of Attorney–Client Privilege, 2 United States of America

Subject(s):

Privilege — Choice of law — Conflict of laws — Arbitrators — Confidentiality

This chapter presents the federal law on attorney–client privilege and work-product protection in the United States. Attorney–client privilege being a defence to document production, witness examination, and other methods of taking evidence should not be presented isolated from the context in which it arises. In order to properly understand the privilege law of the United States, this chapter commences by briefly outlining the course of a lawsuit and the taking of evidence with a particular focus on document production and witness examination.