Reps. Bobby Scott (D-Va.) and Randy Forbes (D-Va.) introduced the bipartisan Attorney-Client Privilege Protection Act of 2007 in Congress July 12 with co-sponsorship from House Judiciary Committee leaders from both parties.

The Act's major provisions would ban prosecutors and other government officials from offering deals to companies on the condition they reveal privileged information. The act would prevent “any agent or attorney of the United States” from demanding, requesting or conditioning treatment for the disclosure of any communication protected by the attorney-client privilege or work product protection. It also forbids government representatives from evaluating a company's cooperativeness based on willingness or refusal to reveal privileged documents or information.

The bill specifically allows corporations to continue making voluntary disclosures but prohibits the government from rewarding waiver for its own sake or penalizing refusal to waive–whether a waiver is made voluntarily or by government request.

Sen. Arlen Specter (R-Pa.) initially introduced the bill to Senate in January 2007. The bill has since been praised by members of the Senate Committee on the Judiciary.

The American Bar Association strongly supports the bill. In a statement from ABA president Karen J. Mathis, she says the bill “underscores the importance of the attorney-client privilege to our legal system, our nation's economic health and ultimately to our democracy. Protecting confidential attorney-client communications from government-compelled disclosure fosters voluntary compliance with the law, and that benefits everyone.”