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A Privileged Relationship? Public Lawyers, Take Heed

ABA Public Lawyer, Number 2, Volume 13

Summer 2005

Authors: Ross H. Garber

Every day, from the White House to city hall, government lawyers fulfill a critical public service. They provide advice and counsel on all manner of issues integral to the proper functioning of government. In many instances, they are public officials’ most trusted advisors, relied on to provide guidance on the most sensitive and significant issues. Usually, government lawyers and their clients communicate candidly and openly, simply assuming their discussions are protected from disclosure by the attorney-client privilege. But the law is less than clear on the nature and extent of the attorney-client privilege between government officials and their counsel. Ross Garber and Shana-Tara Regon discuss the difference in this article.

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