Attorney Client Privilege With In House Counsel In Alameda
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FAQ
The White House Counsel advises the President on all legal issues concerning the Office of the President and the White House.
The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.
Consequently, the plaintiff had the right to depose the attorney despite his in-house status. Thus, knowing that the privilege applies to in-house counsel, the inquiry shifts to the scope of the privilege.
Congressional investigations are distinct from other government investigations in meaningful ways. A key distinguishing factor is the treatment of the attorney-client privilege, a common law privilege that Congress generally does not recognize.
The elements required to establish the attorney-client privilege are as follows: a communication; made between privileged persons; in confidence; and. for the purpose of seeking, obtaining, or providing legal assistance to the client.
Therefore, controversy has emerged over the scope of the attorney–client privilege between the counsel and the president and vice president, namely with John Dean of Watergate notoriety. It is clear, however, that the privilege does not apply in strictly personal matters.
If the purpose is legal advice, the communication is privileged if it's confidential and between lawyer and client. On the other hand, if the lawyer is acting as a business negotiator or advisor, the communication probably is not privileged. An in-house lawyer fulfills multiple roles!
Common interest privilege, also known as the joint defense privilege, is an extension of attorney-client privilege that protects the compelled disclosure of communications between two or more parties and/or their respective counsel when the parties are allied in a common legal interest.