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Courts Continue to Struggle with the Application of the Attorney-Client Privilege to Purely Factual Communications
12 March 2008
The attorney-client privilege does not protect facts from discovery. The privilege, however, does apply with full vigor to a client's communication of facts to his or her lawyer. Courts have struggled with that important distinction. A recent decision from the United States Court of Federal Claims - Christofferson v. United States, 78 Fed. Cl. 810 (2007) - provides an example.
Article written by Kevin P. Allen, Thorp Reed & Armstrong, LLP.
Author: Cynthia Tonet-Stewart
Firm: Thorp Reed & Armstrong, LLP
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