Attorney-Client Privilege in Common Interest Scenarios: Walking the Waiver Tight

In this program, Michael Brophy and Garen Kirakosian of Withers Bergman LLP will examine attorney-client privilege issues that arise in common interest and joint defense arrangements within the trusts and estates context. They will address how these relationships are formed, their scope, and the risks of waiver through litigation and discovery tactics. The program will examine complex scenarios involving co-trustees, successor trustees, and shifting allegiances, with practical strategies for preserving privilege and responding to discovery challenges.