Needless to say, the corporation's attorney should have a role in formulating the position and role of the former employee in the corporation. Chief Judge Preska denies assertion of common interest privilege over emails between the plaintiff and a non-practicing attorney.This publication is not intended to provide legal advice but to provide general information on legal matters. Chapter 26 discusses privilege waiver issues involving former employees. This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Communications with former employees of client. Confidential communication privileged. The privilege is waived if the client or attorney fails to object to the disclosure of the confidential communication in a legal proceeding. Comment.