Former Employees Can Have Privileged Communications With Their Former Employer's Lawyer, but Cannot Waive Its Privilege.
CRIME/FRAUD EXCEPTION: Pursuant to §90.502(4)(a), there is no attorney-client privilege when the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud.
Counsel can select anyone who consents to testify on behalf of the corporation. This may be an officer, a director, a managing agent, a former employee, or even a stranger to the corporation hired to serve as a 30(b)(6) witness.
An exception is to further a crime or fraud. Suppose your conversation with an attorney includes a plan to commit a crime or fraud. In that case, the attorney-client privilege doesn't apply. Also, there is imminent death or harm.
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.