Attorney Client Privilege With In House Counsel In Bexar

State:
Multi-State
County:
Bexar
Control #:
US-000295
Format:
Word; 
Rich Text
Instant download

Description

In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.

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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!

More info

• Courts normally construe attorney client privilege narrowly, but they are even more suspicious in the context of in-house counsel. Federal courts have consistently upheld and arguably expanded an inhouse counsel's right to the attorneyclient privilege.The attorney-client privilege is the law that protects communications between attorneys and their clients and keeps all conversations confidential. In the litigation context, this privilege becomes especially important because privileged communications are not disclosed to the opposing party. Where inhouse counsel acts as a business person or a lobbyist, for example, privilege will not lie. Corporate-Attorney Client Privilege. The basis for the attorney-client privilege is the principle that clients and attorneys should be able to communicate in a free and frank manner. Attorneyclient privilege is important for inhouse counsel to manage litigation and effectively represent their corporate clients. Consultants to the lender's in-house counsel in the investigation following the. September 11 attack.115.

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Attorney Client Privilege With In House Counsel In Bexar