Civil Procedure I
Attorney client privilege requires it to be:
- A client
- Or someone seeking to become a client
- asking an attorney for legal advice
- 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.
- Some say information can only be shared with "members of the corporate control group."
- Some say information can only be shared with those that need to know of it.
- 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.
Technically, it is not a doctrine, not a privilege, but it can still prevent disclosure.
Trial preparation can only be obtained if a party has a substantial need, it can be obtained without undue hardship, and they are unable to obtain substantial equivalent info. Even then, they are not entitled to mental impression of the attorney.