Faculty Journal Articles and Book Chapters


This article surveys the traditional justifications for giving corporations the benefit of attorney-client privilege. It rejects both moral and utilitarian explanations and argues that, far from being beneficial or benign, the privilege actually does great harm to the truth-seeking function of litigation and imposes tremendous transaction costs on the litigants and on the judicial system as a whole.

Publication Title

Notre Dame Law Review

Document Type



privilege, attorney-client privilege, discovery, corporations, litigation ethics



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