Multi-party litigation raises recurring questions about who may see privileged material without destroying the privilege.
Co-parties. Sharing with an aligned co-party is protected by the common interest doctrine where a genuine common legal interest exists, ideally under a written agreement.
Insurers. Communications between an insured and its liability insurer about the defence are protected in most jurisdictions, either as privileged where the insurer is treated as within the attorney-client relationship, or as work product. Communications about coverage are a different matter and are frequently discoverable in a coverage dispute.
Indemnitors. A party with an indemnity obligation shares a common legal interest with its indemnitee in defending the underlying claim, which generally supports protected sharing.
Corporate families. Parent and subsidiary generally share privilege where the communication relates to their common interest, though the analysis sharpens if their interests later diverge.
Joint clients. Where one lawyer represents two clients in a matter, communications are privileged as against outsiders but not as between the clients if they later fall out. Both should be told this at the outset in writing.
Former employees. Communications with them about matters within their prior duties are generally protected, though authority varies.