Attorney Client Privilege With In House Counsel In Kings
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FAQ
Your attorney is required by law to refuse to divulge the contents of client communications if anyone asks them to, citing "attorney-client privilege:" You have the right to forbid your attorney (along with any relevant third parties) from disclosing information designated as confidential.
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.
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!
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.
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.
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.
Confidential In-House Counsel attorney-client communications are deemed privileged unless the “dominant purpose” was something other than legal advice. Costco Wholesale Corp. v. Super.
There are two major exceptions to the lawyer-client privilege under the California Evidence Code, as discussed below. 2.1. Crime or fraud. 2.2. Preventing death or substantial physical harm.