The Thompson Memorandum was heavily criticized and the criticism came not only from the defense bar. The criticism came from a broad and diverse constituency which included former senior DOJ officials, the United States Chamber of Commerce, the American
Bar Association, the American Civil Liberties Union, the National Associate of Manufacturers and the Retail Industry Leaders Association.
Prosecutors largely ignored this criticism despite the fact that, for example, in refusing to waive attorney-client privilege, organizations were merely availing themselves of a right that has existed in the common law for more than 400 years. It is beyond reproach that the attorney-client communication privilege is absolutely essential to the proper functioning of our system of justice; and that once it is waived in favor of the government it is then waived for all purposes, including the attendant class action, toxic tort, and other civil litigation that very often follows. Such a waiver unfairly and needlessly exposes innocent parties, such as the shareholders of a company, to serious financial harm for which they are not culpable. Moreover, in paying or indemnifying employees for attorneys