I. Source of the Privilege. Tests for AttorneyClient Privilege.• Two major tests for determining who can assert attorney-client privilege in the corporate context. There is no question that one of the lynch pins of our profession is literally under siege. During discovery, the Company asserted the attorneyclient privilege to withhold information created during Weiss's tenure as a director. The attorney-client relationship affords a distinct, invaluable right to have communications protected from compelled disclosure to any third party. As a result, Simon hires Daniel Hardman to sue Harvey and the firm on his behalf for breaking attorney-client privilege. The Application in the Federal Courts of the Attorney-Client Privilege to the Corporation, 39 Fordham L. Rev. Log in to Constant Contact small business engagement marketing tools. Log in to Constant Contact small business engagement marketing tools.