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Attorney–client privilege and risk assessment

Jeffrey M. Kaplan (jkaplan@kaplanwalker.com) is a Partner with Kaplan & Walker LLP in Princeton, New Jersey, USA.

Companies may wish to conduct compliance and ethics risk assessments under their respective attorney–client privileges. Being able to conduct risk assessment interviews and analyses and develop recommendations with the confidentiality afforded by the privilege has many benefits, the chief of which is that it promotes those involved being totally candid in dealing with sensitive manners. But securing privileged status for a risk assessment requires more than wishful thinking:

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