Wednesday, February 22, 2006
The National Association of Criminal Defense Lawyers (NACDL) issued a statement on Corporate Attorney-Client Privilege here The statement urges "[c]ollection of reliable data by DOJ" and "[g]uidelines for waiver at all enforcement agencies/reform of memos."
In asking for reform of the Thompson Memo, the Statement calls for DOJ to provide a "[a] statement on the value of attorney-client privilege," "[c]larification that waiver is not a necessary condition for cooperation, and that any waiver that might eventually be offered or obtained must be accorded no benefit nor burden," and "[s]pecification of conditions under which the government can request waiver." The conditions are items such as "judicially recognized exceptions to the privilege." (footnotes omitted).
(esp) (Author discloses that she is co-chair of committee that drafted this Statement).