American Bar Association (ABA) president Karen Mathis has asked the US Senate's judiciary committee 'to send a strong message to the Department of Justice' that attorney-client privilege and the so-called work product doctrine are fundamental principles of the country's legal systems that must be protected. Giving evidence to the committee last week, she said that if corporations resist what has become routine pressure to waive their privileges during investigations, they risk being labelled uncooperative, with 'a profound effect not just on charging or sentencing decisions, but on each company's public image, stock price and credit worthiness'. She urged the committee to persuade the Justice Department to change a departmental memorandum that directs federal prosecutors to require corporate waivers of attorney client privilege and 'work product' protections as a condition for receiving credit for co-operation during investigations.
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