Attorney Client Privilege With In House Counsel In New York

State:
Multi-State
Control #:
US-000295
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

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.

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.

Consequently, the plaintiff had the right to depose the attorney despite his in-house status. Thus, knowing that the privilege applies to in-house counsel, the inquiry shifts to the scope of the privilege.

For example, your indictment may be a public record, but if your attorney gives you a copy of the indictment, you aren't required to disclose that you were given the document because that fact is privileged. Attorney-client privilege extends to intended documents that weren't delivered.

The White House Counsel advises the President on all legal issues concerning the Office of the President and the White House.

Congressional investigations are distinct from other government investigations in meaningful ways. A key distinguishing factor is the treatment of the attorney-client privilege, a common law privilege that Congress generally does not recognize.

Unless the client waives the privilege, an attorney or his or her employee, or any person who obtains without the knowledge of the client evidence of a confidential communication made between the attorney or his or her employee and the client in the course of professional employment, shall not disclose, or be allowed ...

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Attorney Client Privilege With In House Counsel In New York