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Attorney-Client Privilege Waivers in Criminal Investigations

George J. Terwilliger III: Let us call a spade a spade and put this issue in perspective. While the matter is one of very great practical concern to counsel, business leaders and business managers who have to deal with it, what we are dealing with here are core aspects of our legal system. Th at is what the privilege of attorney-client communications and the work product doctrine are essentially—the pillars upon which the legal system and the operation of our ordered system of law depends. We ought to be careful about tinkering very much with these foundation stones....