Com Client Privilege For Corporate Counsel
Description
How to fill out Notice Of Attorney-Client Privilege Regarding E-Mail Transmission?
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FAQ
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.
A classic example involves someone being arrested and charged with Penal Code 503 embezzlement from their employer. They retain a defense lawyer and admit they did indeed take the money. Their lawyer can't disclose their conservation to anyone during the court process.
The federal attorney-client privilege in a corporate setting protects communications among employees and corporate counsel in order to obtain information not otherwise available to upper management, where the employee is communicating with an attorney at the direction of a superior in order to secure legal advice for ...
Discussions of previous acts are generally covered by the attorney-client privilege. If, for example, a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.
At its most basic, the privilege ensures ?that one who seeks advice or aid from a lawyer should be completely free of any fear that his secrets will be uncovered.? 2 Thus, the underlying principle of the privilege is to provide for ?sound legal advice [and] advocacy.? 3 With the security of the privilege, the client ...
