Com Client Privilege For In House Counsel
Description
How to fill out Notice Of Attorney-Client Privilege Regarding E-Mail Transmission?
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FAQ
The attorney-client privilege protects confidential communications made during an attorney client relationship from disclosure. Cal. Ev. Code § 954.
Examples of privileged communication recognized in many legal jurisdictions include: Attorney-client privilege, involving private conversations between lawyers and those they represent. Spousal conversations, as in the case where one spouse cannot be compelled to testify against another.
Under US law, the attorney?client privilege generally protects communications between in-house or external counsel and their clients that are intended to be and are kept confidential; and that are made for the purpose of seeking or obtaining legal advice or assistance.
In the In-House Counsel context, the ?client? is the company. The company, not its owners, is the holder (controls) of the attorney-client privilege. Confidential In-House Counsel attorney-client communications are deemed privileged unless the ?dominant purpose? was something other than legal advice.
The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.
