Attorney Client Privilege With Board Of Directors In Nassau
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It is good practice to label confidential communications as “Confidential: Attorney-Client Privileged,” to maintain them in a secure place, and to consult with counsel before disclosing them to anyone, even internally. They must be between an attorney and a client.
A lawyer serving as an outside director has the same duty of care as any other outside director, and the same exposure to liability. The lawyer's skill and knowledge must be brought into the boardroom in the interest of the corporation.
Instead, board minutes, or portions of board minutes, can be privileged under US law when they capture legal advice rendered either by in-house lawyers or external lawyers or discussions of ongoing litigation. Board participants should be aware of the potential for a waiver of the privilege.
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 attorney-client privilege maintains the confidentiality of certain communications, made between attorneys and their clients, for the purpose of seeking or providing legal advice. The privilege protects communications made orally or in writing, in person or over the telephone, in letters or in emails.
Clearly label all confidential information as “confidential”. This means writing “confidential” on documents or any folder you keep them in. If you are sending an email, make sure the title clearly identifies it as confidential.
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.
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.
"The power to waive the corporate attorney-client privilege rests with the corporation's management and is normally exercised by its officers and directors." Weintraub, 471 U.S. at 348; see also, ABA/BNA Lawyer's Manual, at 05; United States v.
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.
