Attorney-client Privilege: Common Pitfalls
The attorney-client privilege protects confidential communications between an organization and its attorney if those communications were made for the purpose of obtaining or providing legal advice . Organizations rely on this protection when handling legal matters ranging from investigations to everyday employment matters. But there are several ways that the attorney-client privilege can be lost . Below are suggestions for how to effectively communicate with your counsel in a manner that will help preserve the attorney-client privilege. Limit distribution . Make sure that any communications seeking legal advice are only sent to your in-house or external counsel and not to any third parties . If you include a third party or forward the email chain to them, you may be deemed to have waived the privilege for that communication and potentially others on the same topic. Do not record or create AI notes of your communications with counsel without their knowledge and take steps to ensure that...