The Transformation of the Attorney-Client Privilege: In Search of an Ideological Reconciliation of Individualism, the Adversary System, and the Corporate Client's SEC Disclosure Obligations

The attorney-client privilege recently has undergone significant social, political, and ideological changes. This Article examines inherent tensions in the legal system as they are reflected in the attorney-client privilege-disaccord between individual rights and the good of society, the analogy between the corporation and the individual, and the conflict between the individual's right to privacy and mandatory public disclosure laws imposed on corporations. The Article questions whether the privilege will continue to provide meaningful protection to the attorney-client relationship within the modern legal system, and concludes that, to achieve this goal, courts should use a more flexible and adaptable approach to the privilege.