The Attorney Client Privilege and the Municipal Lawyer

48 Drake L. Rev. 655 Drake Law Review 2000

 THE ATTORNEY-CLIENT PRIVILEGE AND THE MUNICIPAL LAWYER

Jeffrey L. Goodman & Jason Zabokrtsky

Copyright (c) 2000 Drake University;

 

I. Introduction

The attorney-client privilege is the oldest of common law privileges protecting confidential communications. In recent years, the extent of protection afforded to communications between a governmental lawyer and officers and employees of a governmental entity have been examined. Scholarly writings and case law on the subject have done little to resolve the issue of whether and under what circumstances the attorney-client privilege can successfully be claimed by governmental entities and its representatives. This article will examine the attorney-client privilege, the purposes underlying the privilege, the privilege in the corporate setting, and the problems associated with the privilege in the governmental setting, as well as the attorney-client privilege in criminal proceedings.