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Wills, Estates & Trusts,
Probate

Oct. 15, 2025

The common interest doctrine: preventing waiver in the trust and estate context

See more on The common interest doctrine: preventing waiver in the trust and estate context

Michael S. Brophy

Partner
Withers Bergman LLP

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Garen L. Kirakosian

Managing Associate
Withers Bergman LLP

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The common interest doctrine: preventing waiver in the trust and estate context

To enable effective client representation, it is widely recognized that communications between attorneys and clients made in the context of legal representation are protected from disclosure to third parties under the attorney-client privilege. Additionally, materials containing an attorney's mental impressions, conclusions, legal theories, or reflecting work performed on behalf of a client may be shielded by the attorney work-product doctrine. These protections may be waived, however,...

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