Attorney Client Privilege With In House Counsel In Michigan
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FAQ
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 ...
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!
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.
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.
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.
As to protection of client interests, Rule 3.7 is essentially an application of the conflict of interest principle. If the lawyer (or a member of the lawyer's firm) must give testimony that is either adverse or ambivalent with respect to the client's cause, the case may be damaged.
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.
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.
The White House Counsel advises the President on all legal issues concerning the Office of the President and the White House.