Tuesday, November 28, 2006
The ABA Net has a piece praising its efforts in enforcing the attorney-client privilege despite a DOJ policy in the corporate sphere - a provision within the Thompson Memo. See also what Professor Alan Childress of the Legal Profession Blog says in this interesting post on the present status of the Thompson Memo. But the key will be to hear what Larry Thompson will say when he speaks at the Heritage Foundation this coming Thursday (see here). This blog will be covering that event.
What are the possibilities here -
Thompson could hold firm on his Memo and advocate for continuation of waiving the attorney-client privilege.
Larry Thompson, a man of the highest of professional standards, could easily say that the provision in this memo was to encourage corporate cooperation, but that it was never intended to be used the way the DOJ presently uses it. It is important to remember here that the waivers coming from the Memo come predominantly in deferred prosecution agreements. Many of these agreements are post-the-Thompson stay at DOJ.
Even without Larry Thompson taking a stance on his memo, it will be nice to hear his reflection on what was intended and whether some things that happened here were unintended consequences.