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Waiver of the Attorney-Client Privilege: A Balanced Approach

In this extensive monograph published by the Washington Legal Foundation, former Attorney General of the United States Dick Thornburgh draws upon his experience as both a prosecutor and a private attorney to explore the increasing tendency of the government to obtain waivers of the attorney-client privilege in corporate criminal investigations. General Thornburgh recognizes the "legitimate needs of law enforcement" but nevertheless defends the vital importance of attorney-client privilege as articulated by the Supreme Court in its 1981 decision, Upjohn Co. v. United States. He urges corporations to find ways to comply with government investigators' demands without waiving privilege and suggests that corporations be afforded the right to appeal waiver requests to high-ranking Justice officials.

The Honorable Dick Thornburgh, Washington Legal Foundation Monograph (2006)



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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.