January 27, 2006

A recent book review lauded Testimonial Privileges – authored by Jenner & Block Partners David M. Greenwald, Edward F. Malone and Robert R. Stauffer – as a “well-organized and thoughtful resource” that “practitioners can turn to for the answer to any privilege question.” 

Published by ThomsonWest and in its Third Edition, Testimonial Privileges is a 1300-page guide through the broad array of privileges that can impact civil and criminal litigation.  Topics include an overview of the attorney-client privilege, the work product doctrine, the accountant-client privilege, the privilege against self-incrimination, spousal privileges, and the journalist privilege, among other things. 

Testimonial Privileges is an obvious resource for the litigator facing evidentiary battles in the courtroom, but this book also belongs on any in-house attorneys reference shelf, where it will help avoid future battles over whether communications are protected from disclosure,” wrote attorney Laura A. Foggan in The John Liner Review article. 

According to Ms. Foggan, the book is valuable because it “does more to provide answers than to simply recite the current law on privileges.” Instead, the authors set out the core concepts underlying each privilege and highlight areas of controversy, she said. 

In her review, Ms. Foggan highlights portions of the book she considered to be especially insightful for risk managers and insurance attorneys.  Among them were the book’s discussion of the zealous debate over how much attorney-client privilege should be afforded to communication between insureds and insurers, as well as the review of common interest extensions of work product protection.

The John Liner Review is a quarterly review of advanced risk management strategies, targeted to corporate insurance buyers, risk managers, and agents and brokers specializing in property, casualty, health and benefit insurance.  It covers market conditions and current legislative and regulatory issues, and reports on software and books in the field.

Please click here to read the Table of Contents and selected excerpts from Testimonial Privileges.