Attorney Client Privilege With In House Counsel In Cook
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FAQ
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!
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
For those lawyers who are employees of one company, they are not considered to have a private practice or a public practice. These lawyers are called “in-house counsel.” That means they are directly employed by one client and are typically prevented from being able to take on any other clients.
Email communications are not covered by the privilege simply because an OGC attorney is copied on the email. The privilege only applies if the communication has a substantial purpose of seeking legal advice from an OGC attorney.
Identify privileged documents (including notes of privileged conversations) as such, using headers such as “privileged and confidential attorney-client communication” or “privileged and confidential prepared at the request of counsel.” In addition, maintain dates and names of participants, meetings, and distributions ...
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.
Although historically courts held there was no privilege, more recently courts—including one California court—have concluded that communications between attorneys and their firm's in-house counsel are privileged.
Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.
One federal judge opined that “the privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) ...
