Attorney Client Privilege With Board Of Directors
Description
How to fill out Disclosure By Letter From Client To Attorney Regarding Division Of Fees Between Attorneys?
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FAQ
Holder of the Privilege. (Smith v. Laguna Sur Villas.) The privilege is held by the board as a whole and not by individual directors.
Instead, board minutes, or portions of board minutes, can be privileged under US law when they capture legal advice rendered either by in-house lawyers or external lawyers or discussions of ongoing litigation.
Email Is Discoverable. Including legal counsel in board communications does not protect emails from discovery. A communication is privileged only if the dominant purpose of the communication is to further the objectives of the attorney-client relationship. (2022 Ranch LLC v. Superior Court (2003) 113 Cal.
Are board meeting minutes confidential? Yes. The board should assume the minutes are confidential and, in most cases, they will remain so.
To be safe put "Attorney-Client Communication", "Privileged and Confidential" or "Attorney Work Product" in the subject of the e-mail, or on privileged documents.