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2016•Unpublished venueRequires access

CORPORATE CLIENTS AND THE ATTORNEY-CLIENT PRIVILEGE—WHO IS THE CORPORATE CLIENT?

William T. Lifland

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Abstract

We would all like to be able to answer employees of corporate clients when they ask us, Is what I am going to say confidential? Under the proposed Rules (to become effective on July 1,1973) it is not possible to give a definitive answer to this question if you are talking to an employee who does not have the authority to seek and act upon legal advice. Earlier drafts of the proposed Rules provided that no privilege attached to information obtained from an employee without such authority.1 The current draft takes the position that the matter should be resolved on a case-by-case basis.2 In considering how your case might be resolved, the following background may be useful.

About this research paper

What this paper is about

We would all like to be able to answer employees of corporate clients when they ask us, Is what I am going to say confidential? Under the proposed Rules (to become effective on July 1,1973) it is not possible to give a definitive answer to this question if you are talking to an employee who does not have the authority to seek and act upon legal advice. Earlier drafts of the proposed Rules provided that no privilege attached to information obtained from an employee without such authority.1 The current draft takes the position that the matter should be resolved on a case-by-case basis.2 In considering how your case might be resolved, the following background may be useful.

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Available abstract

We would all like to be able to answer employees of corporate clients when they ask us, Is what I am going to say confidential? Under the proposed Rules (to become effective on July 1,1973) it is not possible to give a definitive answer to this question if you are talking to an employee who does not have the authority to seek and act upon legal advice. Earlier drafts of the proposed Rules provided that no privilege attached to information obtained from an employee without such authority.1 The current draft takes the position that the matter should be resolved on a case-by-case basis.2 In considering how your case might be resolved, the following background may be useful.

Key concepts: Privilege (computing), Confidentiality, Business, Position (finance), Ask price, Legal advice, Public relations, Internet privacy

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