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Exception to Attorney/Client Privilege Requires Production of Documents

The Delaware Corporate and Commercial Litigation Blog has a post up about the mutuality of interest exception to attorney-client privilege. From a Delaware case cited in the post:

Mutuality of interest exists when a fiduciary (such as a corporate director) seeks legal advice in connection with actions taken or contemplated in his role as a fiduciary.

In subsequent litigation between the fiduciary and his charge, the mutuality of interest lifts the veil of attorney-client privilege.