Does the President have attorney-client privilege with white house counsel?

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.

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Attorney Client Privilege With In House Counsel In Dallas

Category:

Civil Actions - Interference

State:

Multi-State

County:

Dallas

Control #:

US-000295

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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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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!

In-house counsel is an attorney who is employed by a company and handles its in-house legal affairs. In-house counsel represents the entity in a particular case or legal proceeding and receives a full-time salary from the company. Also known as house counsel, inside counsel, or corporate counsel.

No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.

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.

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.

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.

The White House Counsel advises the President on all legal issues concerning the Office of the President and the White House.

The attorney-client privilege in the United States is often defined by reference to the “5 Cs:” (1) a Communication (2) made in Confidence (3) between a Client (4) and Counsel (5) for the purpose of seeking or providing legal Counsel or advice.

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The attorney-client privilege belongs to the client, which is the company, not its employees. In Texas, the attorneyclient privilege is a legal safeguard that protects confidential communications between attorneys and their clients.Rule 503 continues the longstanding tradition of protecting attorneyclient privilege in order to facilitate honest and complete communication. This Wisdom of the Crowd (ACC member discussion) addresses concerns and tips for managing attorneyclient privilege in an open office environment, under US law. Courts normally construe attorney client privilege narrowly, but they are even more suspicious in the context of in-house counsel. Privilege exists to encourage complete and honest communications between an attorney and client in the most sensitive and difficult situations. Where inhouse counsel acts as a business person or a lobbyist, for example, privilege will not lie. Obviously, attorneys can create work product but so can the client. Obviously, attorneys can create work product but so can the client. Communications with outside counsel are often easy to segregate and identify.

Attorney Client Privilege With In House Counsel In Dallas

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