Photograph of Professor Paul Rice

Paul Rice

Professor of Law

Office: Room 350
 Phone: 202-274-4234
E-mail: vCard


Paul R. Rice, L.L.M. (Yale Law School), J.D. (West Virginia U.), B.B.A. (Marshall U.) has been a Professor of Law at American University, Washington College of Law for 35 years. He has taught courses on evidence, civil procedure, and criminal procedure. He previously taught at the University of Connecticut School of Law and the University of Mississippi School of Law.

  • He has written over one hundred law review, journal and newspaper articles on various topics of procedure and evidence law.
  • His most recent law books are Attorney-Client Privilege in the United States (Thomson Reuters 2011); Attorney-Client Privilege: State Law (Westlaw 2011); Rice & Katriel, Evidence: Common Law and Federal Rules of Evidence (Lexis Nexis 6th ed. 2009); Electronic Evidence: Law and Practice (ABA 2nd ed. 2008); and Evidence Principles & Practices: 150 Things You Were Never Taught, Forgot, or Never Understood (Lexis Nexis 2006).
  • Other books include four books of poetry Seasons of Love (Finishing Line Press 2011); From Shallow Waters (Finishing Line Press 2010); Through Yesterday’s Window (Finishing Line Press 2009); and Walking Among Shadows: Searching for the Red Sunfish (Finishing Line Press 2007).
  • As a result of his work as a special master in many large and complex cases, in which he ruled on tens of thousands of privilege claims, he wrote his state and federal treatises on the attorney-client privilege, and with Wayne Brazil and Geoff Hazard wrote Managing Complex Litigation: A Practical Guide for the Use of Special Masters (Am Bar Foundation 1983).
His scholarship reflects the array of his experiences as:
  • a law school professor for over forty years;
  • a judicial officer in a number of large complex multi-district cases:
    1. United States v. AT&T (government’s divestiture action);
    2. Southern Pacific Communications Corp. v. AT&T (private antiturst action);
    3. In re Amoxicillin (patent infringement and antitrust cases);
    4. Consolidated Microsoft Cases (private antitrust actions);
    5. Consolidated Vioxx Cases (consumer product liability actions);
    6. In re Neurontin (consolidated MDL antitrust actions); and
    7. Aetna UCR Litigation (MDL conspiracy and antitrust cases).
  • a litigation consultant to a number law firms;
  • a criminal defense attorney and prosecutor in Connecticut;
  • Director, Evidence Project at the Washington College of Law.
Professor Rice has written a regular column on the attorney-client privilege for the American Corporate Counsel Association Magazine, ACCADocket, and has been a regular contributor to the Legal Times of Washington. He frequently lectures to law firms, corporations, and government agencies, and has made numerous presentations at judicial conferences and bar association meetings on various topics of evidence law and privilege.



Areas of Specialization

  • Evidence
  • Civil Procedure
  • Criminal Law & Procedure

Degrees & Universities

  • LL.M., Yale Law School 1972
  • J.D., West Virginia University College of Law 1968
  • B.B.A., Marshall University 1965

  • + Selected Publications

    • Books

    • Paul Rice, Evidence Transcript Supplement (Matthew Bender 1987).
    • Paul Rice, Comparative Evidence Rules Pamphlet (Matthew Bender 1987).

    • Other Publications

    • Paul Rice, Managing the Unmanageable: A Brief Accounting of a Special Master's Thirty Years of Experience in Complex Litigation, 257 F.R.D. 287 (2009).
    • Paul Rice, Evolving Evidentiary Needs: A Neglected Responsibility, 2006 Hofstra L. Rev. 657 (2006).
    • Attorney-Client Privilege: State Law (Rice Publishing 2005) (CD Rom).
    • Paul Rice & White, Noisy Withdrawal: A Bitter Pill Without Curative Potential, Leg. Times (2004).
    • Paul Rice, Back To The Future With Privileges: Abandon Codification, Not the Common Law, 38 Loy. L. Rev. 101 (2004).
    • Paul Rice, The Quagmire of Scientific Expert Testimony: Crumping the Supreme Court’s Style, 68 Mo. L. Rev. 53 (2003).
    • Paul Rice & Cutter, Horizontal Mergers: The “Presumption” of Anticompetiveness, Antitrust Bull. 557 (2002).
    • Rice & Saul, Balancing Away the Attorney-Client Privilege: The Attorney General’s Decision to Intercept Conferences Between Suspected Terrorists and Their Attorneys, Crim. Just. Mag. (July 2002).
    • Paul Rice, Advisory Committee on the Federal Rules of Evidence: Tending to the Past and Pretending for the Future?, 53 Hastings L. J. 817 (2002).
    • Paul Rice, Are Partially Privileged Documents Discoverable?, 17, No. 5 Tex. Law. 53 (Apr. 9, 2001).
    • Paul Rice, Strictly Confidential, 'Magill' Ruling Plants a Deceptively Bad Seed in the Law of Attorney-Client Privilege, L.A. Daily J. (Feb. 14, 2001).
    • Paul Rice, E-mail, I Presume: Authentication Law Needs Updating for the E-Commerce Age, Leg. Times , 84 (Jan. 22, 2001).
    • Paul Rice, A Bad Idea Dying Hard: A Reply to Professor Leslie’s Defense of the indefensible, 2001 Wis. L. Rev. 187 (2001).
    • Paul Rice, Speech, Privilege & Ethics Issues (CLE Conference, Email: Evidence, Encryption & Employer Eavesdropping, American University Washington College of Law, D.C, Dec. 2000).
    • Paul Rice, Rule Changes Raise Questions, Natl. L.J. (Nov. 13, 2000).
    • Paul Rice, Scientifically Speaking, Is Scientific Data Considered Evidence in the Courtroom?, Fulton Co. Daily Rpt. (Oct. 18, 2000).
    • Paul Rice, Truth in Test Tubes: Standard for Screening Scientific Evidence Is Still Muddled Years After Daubert, Leg. Times 84 (Oct. 16, 2000).
    • Paul Rice, Speech, Symposium on the Attorney Client-Privilege (Court of Federal Claims Bar Association, Wash., D.C., June 22, 2000).
    • Paul Rice, Pitfalls of Privilege, Misunderstanding Corporate Attorney-Client Privilege Could Make Scapegoats of Employees, Legal Times (Apr. 17, 2000).
    • Paul Rice, Attorney-Client Privilege: The Indirect Recognition of Limited Waiver, 18, No. 4 ACCA Dkt. (Apr. 2000).
    • Paul Rice, In-House Counsel: Equal members of the Bar, L. Talk (N.Z.) (Apr. 2000).
    • Paul Rice, The Accused’s Right of Confrontation Confronting Common Sense, The Champion: Mag. of the Natl. Assoc. of Crim. (Mar. 2000).
    • Paul Rice, Attorney-Client Privilege: Does Sharing Privileged Communications With Government Agencies Waive the Privilege Protection, 18 No. 3 ACCA Docket (Mar. 2000).
    • Paul Rice, The Corporate Attorney-Client Privilege: Loss of Predictability Does Not Justify Crying Wolfinbarger, 55 Bus. Law. 1 (Feb. 2000) (reprinted in 24, no. 5, Bank & Corp. Governance L. Rep. (July 2000)). SSRN Link
    • Paul Rice, Attorney-Client Privilege: Asserting Privilege Claims: Substance and Procedure, 18 No. 2 ACCA Dkt. (Feb. 2000).
    • Paul Rice, The Government’s Attorney-Client Privilege, The Ethics News Bull., Intl. Mun. Law. Assoc.’s Ethics Section (Feb. 2000).
    • Paul Rice, Expert Overhaul Needed: Outdated Federal Evidence Rules Require More than Judicial Tinkering, Leg. Times (Week of Jan. 31, 2000).
    • Paul Rice, Privilege Concerns Weren't Absurd, Leg. Times (Week of Jan. 24, 2000).
    • Paul Rice, Grave Concerns: Should Lawyers Misusing the Attorney-Client Privilege Be Free to Spin History For Their Departed Clients?, Leg. Times (Jan. 3, 2000).
    • Paul Rice, The Government's Attorney-Client Privilege: Should It Have One?, Pub. Council (Jan. 2000).
    • Paul Rice, Journal of the American Corporate Counsel Association, The Status of Copies of Non-Privileged Documents that are Sent to Counsel for Screening, 18 No. 1 ACCA Docket (Jan. 2000).
    • Paul Rice & W. Delker, Federal Rules of Evidence Advisory Committee A Short History of Too Little Consequence, 191 F.R.D. 187 (2000).
    • Paul Rice, Speech, Making the Grade: The Attorney-Client Privilege (American Corporate Counsel Annual Meeting, San Diego, Cal., Nov. 5, 1999).
    • Paul Rice, Letter to the Editor, 'Good Enough' Not Good Enough for Federal Rules of Evidene, Natl. L.J. (Dec. 21, 1998).
    • Paul Rice, Letter to the Editor Responding to Article by Professor Capra, Good Enough, Is Not Good Enough For Evidence Rules, Natl. L.J. (Dec. 21, 1998).
    • Paul Rice, The Government's Attorney-Client Privilege: The Denial of Certiorari in Lindsey Leaves Us in Limbo, Leg. Times (Nov. 30, 1998).
    • Paul Rice, Bring on the Reformers: Evidence Code Cries Out for More Than Cautious Tinkering, Leg. Times (Oct. 19, 1998).
    • Paul Rice, Let’s Give Credit Where Credit is Due, Wash. Times (Sept. 15, 1998).
    • Paul Rice, The Tax Practitioner Privilege: A Sheep in Wolf’s Clothing, 80 Tax Notes (Aug. 13, 1998).
    • Paul Rice, Court To Counsel: Long Live The Privilege: Special Prosecutor’s Assault Gets Decent Burial, Leg. Times (July 13, 1998).
    • Paul Rice, Should We Make Bruce Lindsey Talk? Drawing the Parallels Between the Governmental and the Corporate Attorney-Client Privilege, Leg. Times (July 6, 1998).
    • Paul Rice, When The Grand Jury Calls: Does the Government Have An Attorney-Client Privilege?, Leg. Times (June 29, 1998).
    • Paul Rice, Attorney-Client Privledge: The Eroding Concept of Confidentiality Should Be Abolished, 47 Duke L. Rev. 101 (1998).
    • Paul Rice, A “Quasi” Attorney-Client Privledge? West Virginia’s Mislabeled Fiduciary Duty Exception, 101 W. Va. L. Rev. 311 (1998).
    • Paul Rice, W. Brazil, & G. Hazard, Managing Complex Litigation, in A Practical Guide to the Use of Special Masters (Am. B. Found. 1983).

  • + Selected Presentations

    • Paul Rice, Presentation, A Debate: Confidentiality and the Attorney-Client Privilege, Should Either be Abolished? (National Foundation for Judicial Excellence, Chi., Ill., July 8, 2006).
    • Paul Rice, Presentation, Attorney-Client Privilege: Waiver and Exceptions (Holland & Knight, Wash., D.C., 2006).
    • Paul Rice, Speech, Privilege Issues and Electronic Evidence (Annual Conference of the U.S. District Court for the Central District of California, Cal., Mar. 31, 2006).
    • Paul Rice, Presentation, Electronic Evidence: Discovery, Spoliation & Attorney-Client Privilege (Intellectual Property Law Section of the New York Bar Association Annual Meeting, N.Y.C., N.Y., Jan. 24, 2006).
    • Paul Rice, Panelist, Attorney-Client Privilege: Preserving Essential Principles; Panel Discussion of ABA Task Force Report and the Erosion of Privileges in the Criminal Enforcement and Regulatory Environment (Mid-Year Meeting of the Conference of Chief Justices, Amelia Island, Fla., Jan. 26, 2006).
    • Paul Rice, Presentation, Attorney-Client Privilege in Patent Cases (ITC Trial Lawyers Association Annual Meeting, Wash., D.C., Nov. 8, 2005).
    • Paul Rice, Discussion, Attorney-Client Privilege: Preserving Essential Principles (Round Table Discussion with Chief Justices of State Supreme Courts, General Counsel for the Country's Largest Corporations, & Senior Partners of the Countries Largest Law Firms, Sponsored by the National Center for State Courts, Wash., D.C., Oct. 28, 2005).
    • Paul Rice, Presentation, Attorney-Client Privilege: Waiver & Exceptions (Holland & Knight, Wash., D.C. (May 27 & June 10, 2005), ).
    • Paul Rice, Presentation, Evidence In The Digital Age (Pennsylvania Association of Trial Judges, Pitt., Pa., Feb. 27, 2005).
    • Paul Rice, Presentation, Judicial Screening of Expert Witnesses (Annual Conference Administrative Law Judges, Department of Defense, Wash., D.C., Jan. 19, 2005).
    • Paul Rice, Presentation, E-Mail Communications and the Attorney-Client Privilege (Steptoe & Johnson, Wash., D.C., 2004).
    • Paul Rice, Speech, Hot Topics of Attorney-Client Privilege (Intellectual Property Section of the ABA, Wash., D.C., 2004).
    • Paul Rice, Presentation, Expert Witnesses and Scientific Evidence (West Virginia Bar Association’s Annual Meeting, Charleston, W. Va, May 10, 2002).
    • Paul Rice, Panel Discussion, Confidentiality and the Legal System in the Internet Age (Judicial Conference of the United States Fourth Circuit of Appeals, Hot Springs. Va., July 2001).
    • Paul Rice, Panel Discussion, Metaphors, Memes, and Myths: Framing Issues in Cyberlaw (Federal Judge's Association Annual Meeting, Pentagon City, Va., May 7, 2001).
    • Paul Rice, Workshop, Evidentiary Issues (Enviornmental Legal Information Systesm (ELIS), Jan. 26-27, 2001).
    • Paul Rice, Panelist, Privilege Claims (Annual Conference U.S. Board of Contract Appeals, Hilton Hotel, Alexandria, Va., Apr. 4, 2000).
    • Paul Rice, Seminar, Attorney-Client and Self-Critical Analysis Privileges (American Council of Life Insurance, San Antonio, Tex., Feb. 8, 2000).
    • Paul Rice, Speech, Maintaining the Privilege: How to Navigate the Crime/Fraud Exception When Counseling Clients Exposed to Ongoing Trade Secret Misappropriation Liability (District of Columbia Bar, Intellectual Property Law Section, Wash., D.C., Jan. 24, 2000).
    • Paul Rice, Panel Discussion, Notable Issues from the 1998-1999 Supreme Court Term (Federal Bar Association, Judiciary Division, Sept. 8, 1999).
    • Paul Rice, Symposium, Evidentiary Implications (Enviornmental Law Institute, Symposium on Legal Implications of Enviornmental Electronic Findings, June 24, 1999).
    • Paul Rice, Speech, Government Lawyers and the Scope of the Attorney-Client Privilege (Maryland Bar Association, Annual Meeting of the Administrative Law Section and the State and Local Government Section, Ocean City, Md., June 10, 1999).
    • Paul Rice, Speech, Attorney-Client Privilege in the Corporate Context: Problems, Solutions and Recent Developments (American Home Products, Inc. Annual Meeting of the Legal Department, May 26, 1999).
    • Paul Rice, Panel Discussion, The Attorney Client-Privilege (Judicial Conference of the U.S. Court of Appeals for the Federal Circuit, Board of Contract Appeals and Court of Federal Claims, Apr. 6, 1999).
    • Paul Rice, Speech, Attorney-Client Privilege in the Military (Marine Corp JAG, Pentagon, Pentagon City, Va., Feb. 11, 1999).
    • Paul Rice, Panel Discussion, Government Attorney-Client Privilege After the Denial of Certiorari in the Lindsey Case (Washington Lawyer Magazine, Nov. 17, 1998).
    • Paul Rice, Presentation, The Attorney Client-Privilege (Asian Pacific Bar Association, Oct. 2, 1998).
    • Paul Rice, Presentation, The Attorney Client-Privilege: Recent Developments (American Bar Association, Annual Meeting, Toronto, Can., Aug. 1998).
    • Paul Rice, Lecture, Recent Developments: Attorney-Client Privilege (National Conference of Administratie Judges, Jan. 8, 1998).