The attorney-client privilege and work product doctrine are so fundamental that most lawyers rarely think about them outside of the context of the occasional privilege log or deposition instruction. The common understanding, even among attorneys, is that communications between a lawyer and client, whether verbal or in writing, are protected from disclosure.
That understanding is fine for the easy cases, but it is incomplete. In fact, the attorney-client privilege protects communications that: (1) occur between client and counsel; (2) are intended to be confidential and are in fact kept confidential; and (3) are made for the purpose of obtaining or providing legal advice.[FOOTNOTE 1]
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