Attorney Client Privilege With In House Counsel In Bexar
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FAQ
The elements required to establish the attorney-client privilege are as follows: a communication; made between privileged persons; in confidence; and. for the purpose of seeking, obtaining, or providing legal assistance to the client.
To be safe put "Attorney-Client Communication", "Privileged and Confidential" or "Attorney Work Product" in the subject of the e-mail, or on privileged documents.
Therefore, controversy has emerged over the scope of the attorney–client privilege between the counsel and the president and vice president, namely with John Dean of Watergate notoriety. It is clear, however, that the privilege does not apply in strictly personal matters.
Limitations. Although the White House counsel offers legal advice to the president and vice president, the counsel does so in the president's and vice president's official capacity, and does not serve as the president's personal attorney.
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
The White House Counsel advises the President on all legal issues concerning the Office of the President and the White House.
Congressional investigations are distinct from other government investigations in meaningful ways. A key distinguishing factor is the treatment of the attorney-client privilege, a common law privilege that Congress generally does not recognize.
If the purpose is legal advice, the communication is privileged if it's confidential and between lawyer and client. On the other hand, if the lawyer is acting as a business negotiator or advisor, the communication probably is not privileged. An in-house lawyer fulfills multiple roles!
