Corporations and their lawyers frequently work with public
relations consultants when facing ongoing or anticipated
litigation. In the work product context, courts agree that
disclosing preexisting work product to such consultants does not
waive that robust protection, but disagree about whether the
consultants can themselves create protected work product.
The analysis in the attorney-client privilege context involves
even more judicial disagreements. In Grand Canyon Skywalk
Development LLC v. Cieslak, the District of Nevada extensively
dealt with this issue, starting with an understatement:
"Courts are divided on whether the attorney-client privilege
extends to communications between a client's counsel and the
public relations consultant that the client or its counsel hires to
assist in ongoing or anticipated legal matters or disputes."
Case Nos. 2:15-cv-01189- & 2:13-cv-00596-JAD-GWF, 2015 U.S.
Dist. LEXIS 107457, at *22 (D. Nev. Aug. 13, 2015). The
