Article: Final Report on Attorney-Client Privilege to the State Bar of Michigan
8/17/2007 Diane L. Akers
The SBM Task Force on Attorney-Client Privilege (“Task Force”) was created on February 2, 2006 to address ongoing developments in the law of attorney-client privilege. In particular, in response to the policy of the United States Department of Justice as described in what is generally referred to as the “Thompson Memo,” a business may feel compelled to waive its attorney-client privilege in order to be deemed to be “cooperating” with law enforcement in the hope that it will avoid criminal indictment or receive more favorable treatment than if it preserved its privilege.
