This Is Why Communications With Consultants Are (Or Are Not) Privileged And Protected

This is the second in a two-part series on attorney-client privilege and work product protection. We did not plan it this way, but our recent This Is Why Board Presentations Are Privileged And Protected blogpost generated a lot of interest, and the Pennsylvania Supreme Court issued an important opinion last week on these topics, so we are going to keep it rolling. If anything, today's scenario is even more common in day-to-day practice: Do attorneys waive attorney-client privilege or work product protection by forwarding attorney communications and/or work production to outside consultants? The answer is that the privilege and protection can attach, but they can also be waived under rules that everyone should understand.