In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.
Attorney Client Privilege With Former Employees In Maryland
Category:
State:
Multi-State
Control #:
US-000295
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. This practice, however, is governed by ethical rules (and opinions and case law) that must be considered in advance.
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.
The United States Supreme Court rejected the control group test in Upjohn v. United States, 449 U.S. 383 (1981). Most courts now apply the Supreme Court's reasoning in that case to corporate privilege claims, including those involving former employees.
Amended Rule 4.2(a) provides: “In representing a client, a lawyer shall not communicate about the subject of the representation with a person who the law- yer knows is represented in the matter by another lawyer unless the lawyer has the consent of the other lawyer or is authorized by law or court order to do so.” ...
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and therefore are not protected by the privilege.
The attorney-client privilege applies to communications “to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted.” Cal. Evid. Code § 952. This includes communications to an expert consultant.
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.
More info
Attorneys, however, do not have carte blanche when contacting these individuals. The revised rules, effective July 1, 2016, for Maryland Attorneys' Rules of Professional Conduct and Attorney Trust Accounts are found under Maryland Rules.6 Thus, the consent of the company's lawyer is not ordinarily required in order for opposing counsel to initiate contact with a former em- ployee. Chapter 26 discusses privilege waiver issues involving former employees. Communications with former employees of client. Because this issue had not been addressed in the courts below, the Upjohn. It's not unusual for companies in litigation to rely upon former employees for information. The court next turned to the question whether Rule 4.2 should extend to former employees. Good relationships with former employees. The person who was the lawyer at the time of the communication may claim the privilege but only on behalf of the client.