Attorney-client privilege is a cornerstone of the American legal system. It protects conversations between an attorney and their client from disclosure during litigation. The goal of this protection is to allow an attorney to provide the best representation possible by protecting client communications from being later leveraged during litigation. Sometimes, however, invocation of attorney-client privilege protections can be complicated by required disclosures.
But federal contractors are required to notify the government about various circumstances that may impact their role as contractors. What if there is a conflict between mandatory government disclosures and attorney-client privilege? In a recent decision, the 4th Circuit Court of Appeals was asked to determine whether certain mandatory disclosures under the FAR waived attorney client privilege.Continue reading