Is the Attorney Investigator Acting in the Capacity of an Attorney? The attorney-client privilege is the oldest privilege for confidential information recognized at common law.Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances? This article explores those cases and suggests best practices for companies to follow to protect communications between employees regarding legal matters. This publication is not intended to provide legal advice but to provide general information on legal matters. There are almost no restrictions of any kind on the ability of opposing counsel to communicate with former employees of a party to litigation. The attorney-client privilege extends to clients, clients' representatives, lawyers and lawyers' representatives—the circle of trust. Attorney-client privilege: The attorney-client privilege can protect a corporate defendant from the testimony of some former employees. Communications with former employees of client. By Joshua Margolin, partner and Vinita Davey, clerk in the Southern District of Texas for Judge Lee H. Rosenthal.