Privilege law is arguably the most important doctrinal area in the law of evidence. Most evidentiary doctrines relate primarily to the courts' institutional concerns about the reliability of the evidence that the trier of fact relies on. In contrast, privileges impact "extrinsic social policy."
Edward J. Imwinkelried,
Protecting the Attorney-Client Privilege in Business Negotiations: Would the Application of the Subject-Matter Waiver Doctrine Really Drive Attorneys from the Bargaining Table?,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol51/iss1/9