Can a lawyer serve on a board of directors?

A lawyer serving as an outside director has the same duty of care as any other outside director, and the same exposure to liability. The lawyer's skill and knowledge must be brought into the boardroom in the interest of the corporation.

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Complaint For Intentional Interference With Attorney-Client...

Attorney Client Privilege With Board Of Directors In North Carolina

Category:

Civil Actions - Interference

State:

Multi-State

Control #:

US-000295

Format:

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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(a) A lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.

A lawyer may not disclose evidence or information if prohibited by law, court order, or the administrative rule that makes the proceedings of the State Bar's Grievance Committee confidential (27 N.C. Admin. Code Ch. 1B §. 0129).

"The power to waive the corporate attorney-client privilege rests with the corporation's management and is normally exercised by its officers and directors." Weintraub, 471 U.S. at 348; see also, ABA/BNA Lawyer's Manual, at 05; United States v.

Board minutes often contain information that is subject to the attorney-client privilege and that directors may prefer to keep confidential. However, most jurisdictions allow stockholders to inspect corporate books and records, including board minutes.

A lawyer serving as an outside director has the same duty of care as any other outside director, and the same exposure to liability. The lawyer's skill and knowledge must be brought into the boardroom in the interest of the corporation.

The attorney-client privilege maintains the confidentiality of certain communications, made between attorneys and their clients, for the purpose of seeking or providing legal advice. The privilege protects communications made orally or in writing, in person or over the telephone, in letters or in emails.

The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and therefore are not protected by the privilege.

Privilege Logs Required to Preserve Privilege: The state court rules now require any party withholding information from production to make the claim of privilege or protection as trial-preparation material expressly, and to describe the withheld information in a manner sufficient to enable parties to assess the claims.

More info

To qualify for protection under the attorney-client privilege, communications of legal advice, including email, must be made in confidence. What parts of the privilege are preserved in the public records law?– Records containing communications from the attorney to the board. A Guide to Attorney Client Privilege in North Carolina. The relationship between an attorney and the client is well-defined in the rule of law. Board members from different professions create opportunities and challenges for local governments and the attorneys who represent them. N.C. Rule of Professional Conduct 1.13(g). Boone, 102 N.C. 117, 141 (1889). The attorney client privilege will be strictly construed. Charlotte, North Carolina.

Attorney Client Privilege With Board Of Directors In North Carolina

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FAQ

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