Speaker, Gibbons Academy, "Attorney-Client Privilege & Non-Employee 30 (b)(6) Witnesses," Newark, NJ

Witness preparation and communication is commonplace throughout the course of a litigation, especially in advance of depositions. Typically, witnesses either are the client or are at least employed by the client. But, not infrequently, lawyers are called upon to prepare and represent former employees of a client (or perhaps individuals who never worked for the client in the first place). This context presents unique confidentiality concerns.

In this presentation, the speakers will discuss whether (and to what extent) “attorney client privilege” and the “work product doctrine” protects communications and documents exchanged between lawyers and non-employee witnesses, and provide practical tips for avoiding pitfalls and inadvertent disclosure of otherwise privileged information.