Attorney Client Privilege Former Employees In Ohio
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FAQ
The traditional privilege log is the most detailed and burdensome form. It requires a line-by-line description of each document, including the author, recipients, date, and a description of the subject matter sufficient to explain the claim of privilege.
Ohio Revised Code § 2317.02 states that an attorney may not testify concerning communications made to the attorney by the client, except under specific circumstances. The statute covers mostly testimonial disclosures and anything not covered by the statute is governed by the common-law privilege.
Ohio Evid. R. 502(F)(2) defines “work-product protection” as “the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation or for trial.”
This situation would breach Rule 1.9, which prohibits a lawyer from representing a client in a matter substantially related to one in which they had previously represented another client. In this case, the attorney would possess confidential information from the prior representation that could harm the current client.
Rule 8.3 requires a lawyer to report "unprivileged knowledge of a violation of the Ohio Rules of Professional Conduct that raises a question as to any lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects." Thus, there are two triggers to a lawyer's reporting duty under Rule 8.3.
Under Ohio law, a privilege log must at least "state that communications were made between attorney and client for the purpose of procuring legal advice or representation." Cargotec, Inc. v. Westchester Fire Ins. Co., 155 Ohio App.
Attorney-client privilege is codified in Ohio at R.C. 2317.02(A). This statute states that an attorney shall not testify without express consent of the client, or, in the case of a deceased client, the express consent of the surviving spouse or estate fiduciary.