Nov 13, 2012 · The attorney-client privilege is an important feature of the U.S. legal profession. This rule prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice. The privilege covers information divulged to an attorney's subordinates …
Privilege & the In-House Counsel 2 When a client consults with an attorney for the purpose of obtaining legal assistance, all confidential communications of the client in furtherance of that end are protected by the ACP. Elements: • Where legal advice of any kind is sought • From a professional legal advisor in his capacity as such
Attorney-Client & Work Product Privileges that coincides with the client’s pursuit if legal representation. Being privy of the privileged information, the consultants can waive the client’s privilege. Inadvertent disclosure can also waive the attorney-client privilege. Under Rule 502, the conditions that would allow for waiving the privilege are: the waiver is intentional, the disclosed ...
Apr 15, 2019 · An attorney working as in-house counsel must have a solid understanding of the attorney-client privilege. The application of the attorney-client privilege may differ for in-house counsel in several ways that are important for the attorney to bear in mind. The attorney-client privilege protects confidential communications made during an attorney client relationship …
The work-product doctrine protects materials made specifically to prepare for a pending or possible lawsuit, but it does not protect material prepared in the more ordinary course of business. A document was “prepared in anticipation of litigation” when two conditions have been satisfied.
Courts recognize that “in-house counsel may play a dual role of legal advisor and business advisor,” and the attorney-client privilege applies to communications with in-house attorneys only when the “primary purpose” of those communications was to “gain or provide legal assistance.”.
What is privileged? The attorney-client privilege protects: A communication. Between privileged persons (attorney, client, or in some cases, an agent) Made in confidence.
Third parties may include the government, potential investors, lower level employees, or opposing parties (basically anyone other than the client, the lawyer, or in some cases, an agent of the client or lawyer). Common examples of privilege waivers: Forwarding a privileged email communication to a third party. ...
Ordinarily, communication between counsel and a public relations/crisis management firm is not considered privileged unless the party asserting the privilege can show that the communication was necessary for the client to obtain informed legal advice.
When an investigation is conducted by an audit committee or special committee, the committee is a client separate and apart from the company for the purposes of the attorney-client privilege. Any investigative report shared with the company board or others at the company is potentially discoverable.
An investigative report that is sent to an attorney or even authored by an attorney must still be primarily or predominantly of a legal character to be privileged. Under most circumstances, production of information to the Government waives privilege as to that information in subsequent civil suits.
Where a defendant alleges ineffective assistance of prior trial or appellate counsel as a ground for the illegality of his conviction or sentence, he shall be deemed to waive the attorney-client privilege with respect to both oral and written communications between such counsel and the defendant to the extent the defendant's prior counsel reasonably believes such communications are necessary to defend against the allegations of ineffectiveness. This waiver of the attorney-client privilege shall be automatic upon the filing of the motion for appropriate relief alleging ineffective assistance of prior counsel, and the superior court need not enter an order waiving the privilege.
Dr. Eric Miller died from arsenic poisoning ;Shortly before his death, Miller was bowling with co-workers of his wife, Ann Miller;Bowling party included Mr. Willard, who was romantically involved with Mrs. Miller;While bowling, Miller took a drink of beer that he described as “tasting funny”Miller later hospitalized and died:Upon Miller’s death, Mrs. Miller directed that the body be cremated;Mr. Willard hired an attorney, met with him, then committed suicide before being interviewed by police;According to Mrs. Willard, attorney advised Mr. Willard that he could be charged with the attempted murder of Dr. Miller;District Attorney sought an order from the Superior Court compelling Willard’s attorney to disclose his conversation with Willard.
A communication is not confidential when made in the presence of another person whose presence is not essential to the communication. State v. Van Landingham, 283 N.C. 589, 602 (1973) (wife); State v. Murvin, 304 N.C. 523, 531 (1981) (aunt and friend).