Attorney Client Privilege With In House Counsel
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FAQ
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 privilege is held by the association through its board of directors. (Smith v. Laguna Sur Villas.) The privilege is held by the board as a whole and not by individual directors.
The attorney-client privilege protects confidential communications made during an attorney client relationship from disclosure. Cal. Ev. Code § 954.
(Smith v. Laguna Sur Villas.) The privilege is held by the board as a whole and not by individual directors.
The exceptions to the lawyer-client privilege include planning an ongoing crime and imminent harm.