Civil Procedure I

Attorney Client Privilege

Attorney client privilege requires it to be:

  1. A client
    • Or someone seeking to become a client
  2. asking an attorney for legal advice
  3. and no third party is present.
    • And the advice is not later shared with a third party.

If attorney client privilege exists, the lawyer's advice is protected, but can later be waived.

For a corporation the courts are split.

  1. Some say information can only be shared with "members of the corporate control group."
  2. Some say information can only be shared with those that need to know of it.
  3. A few allow it to be shared with every employee without waiving the privilege.

For in-house attorneys, it is required that it be legal advice that is sought, not simply business advice.