Attorney Client Privilege With Former Employees In Travis
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FAQ
Former Employees Can Have Privileged Communications With Their Former Employer's Lawyer, but Cannot Waive Its Privilege.
Exceptions include communications relating to the death of a client or disputes between the lawyer and client, among others. Clients should be very hesitant to reveal privileged information and should almost always consult an attorney before doing so.
Generally, for a communication to be privileged under Texas law, the communication must be (1) seeking legal advice; (2) from a legal professional in his or her capacity as such; (3) related to that legal purpose; (4) made in confidence; and (5) by the client.
CRIME/FRAUD EXCEPTION: Pursuant to §90.502(4)(a), there is no attorney-client privilege when the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud.
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.
An exception is to further a crime or fraud. Suppose your conversation with an attorney includes a plan to commit a crime or fraud. In that case, the attorney-client privilege doesn't apply. Also, there is imminent death or harm.