Justia Connect Webinars Attorney Client Privilege Update: Identity, Crime Fraud and the Attorney As Whistleblower

CLE

Ian Comisky Fox Rothschild LLP

Bryan Skarlatos Kostelanetz LLP

Attorney Client Privilege Update Identity, Crime Fraud and the Attorney As Whistleblower

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Overview AI Webinar Summary

Attorney Client Privilege Update: Identity, Crime Fraud and the Attorney As Whistleblower

In an evolving legal environment marked by heightened enforcement and regulatory scrutiny, the foundational doctrines of attorney-client privilege and work product protection continue to face significant challenges. Attorneys Ian M. Comisky of Fox Rothschild LLP and Bryan C. Skarlatos of Kostelanetz LLP explore critical developments, including enforcement actions that probe client identities, expanding interpretations of the crime-fraud exception, and new judicial and ethical pressures on privilege claims. This session offers a circuit-by-circuit analysis of how privilege and protection are being defined and contested, including search warrants targeting privileged records, as well as the ethical and professional responsibilities attorneys face when withdrawal, disclosure, or whistleblowing may be required. The program will also cover emerging issues relating to the use of artificial intelligence and the dangers to the attorney client privilege and work product protections. Ideal for litigators and in-house counsel alike, this program equips practitioners with practical guidance to navigate these complex issues and confidently safeguard client and firm interests.

Duration of this webinar: 60 minutes

Originally broadcast: June 11, 2026 9:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Attorney-Client Privilege Fundamentals

The speakers trace the historical roots of attorney-client privilege, emphasizing its development through common law. The privilege applies only to legal advice, not business or tax advice, and requires a lawyer acting in their legal capacity. Communications must be made in confidence to be privileged, and the privilege is primarily for client-to-lawyer communications. The privilege can be waived by the client, regardless of what the lawyer prefers.

22:20 Work Product Doctrine

The speakers discuss the work product doctrine, which protects materials prepared in anticipation of litigation. This protection is broader than attorney-client privilege, covering more than just legal advice. Disclosure to an adverse party can waive work product protection, but it remains intact otherwise. The doctrine applies to documents prepared with the thought of future litigation, including administrative proceedings like IRS audits. Work product protection can be a fallback when attorney-client privilege is not applicable.

32:00 Ethical Obligations and AI Challenges

The discussion shifts to ethical obligations and the challenges posed by AI in legal practice. Due diligence is essential to understand client transactions and avoid involvement in illegal activities. The ABA has adjusted Model Rules to emphasize inquiry and assessment throughout representation. AI's impact on confidentiality and privilege is explored, with recent cases highlighting potential pitfalls.

48:51 Hypotheticals and Case Studies

Hypotheticals are used to explore the application of attorney-client privilege and work product doctrine in various scenarios. The distinction between legal and accounting work is emphasized, particularly in tax-related cases. Client identity is generally not privileged, but exceptions exist if it reveals confidential communications. The importance of clear engagement letters and understanding privilege nuances is highlighted.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speakers

Ian Comisky Partner
Fox Rothschild LLP

Mr. Comisky is the Chair of International Compliance with the law firm of Fox Rothschild LLP. Mr. Comisky concentrates his practice in the areas of civil and criminal tax litigation, anti-money laundering compliance and complex corporate and commercial litigation. Mr. Comisky is the co-author of Tax Fraud and Evasion, which was reissued in December of 2023 and contains chapters dealing with money laundering, asset forfeiture, attorney client privilege and work product issues, as well as domestic and international compliance issues. Read More ›

Bryan Skarlatos Partner
Kostelanetz LLP

For forty years, Bryan has focused his practice on civil and criminal tax matters and other white collar criminal investigations and prosecutions. Clients often hire him as an expert on tax standards, penalties, and procedures. Read More ›

Continuing Legal Education (CLE) Credits

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Alabama CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics

Earn Credit Until: December 31, 2026

Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

Earn Credit Until: June 10, 2031

California CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2028

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

Earn Credit Until: June 10, 2028

Illinois CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention

Earn Credit Until: June 14, 2028

Nebraska CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Professional Responsibility

Earn Credit Until: June 11, 2028

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 Ethics/Professionalism

Earn Credit Until: June 10, 2027

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Attorney Professional Conduct

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics, Professionalism, or Substance Abuse

Earn Credit Until: June 10, 2028

South Carolina CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2026

Texas CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Total: 0.75 General, 0.25 Legal Ethics/Professional Responsibility

Earn Credit Until: May 31, 2027

Utah CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Ethics

Earn Credit Until: December 31, 2026

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Ethics

Earn Credit Until: June 11, 2031

This presentation is approved for one hour of Ethics CLE credit in Alabama, one hour of Ethics CLE credit in Alaska, one hour of Legal Ethics CLE credit in California, one hour of Ethics CLE credit in Hawaii, one hour of Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention CLE credit in Illinois, one hour of Professional Responsibility CLE credit in Nebraska, one hour of Ethics CLE credit in North Carolina, one hour of Attorney Professional Conduct CLE credit in Ohio, one hour of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), one hour of Ethics CLE credit in Utah, and one hour of Ethics CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 0.25 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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