More Privilege Articles

Privilege

Fast Take: Application of Privilege to Consultants to Corporations Raises Questions (Part II)

In a previous article on p. 17 of the May/June 2018 issue, I summarized two recent cases in which courts held that communications between corporations and their consultants were not subject to attorney-client privilege. However, some cases take a more favorable view.

For example, in...

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Ethics

FAST TAKE: Client Consultants Lose Out on Privilege Protection

The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...

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Ethics

Fast Take: Client Consultants Lose Out on Privilege Protection, Part I

The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...

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