Last month we talked about the legal standards applied to claims of attorney-client privilege between a company’s general counsel and outside consultants. Now, let’s talk about practical tips for maintaining that privilege.
Last month’s article, “Privileged Communications With Outside Consultants,” published Feb. 19 in The Legal, explained the two different approaches that courts have taken to claims of privilege between a company’s general counsel and outside consultants. The majority of courts have protected these communications if they meet the traditional requirements for application of the privilege in the corporate context, and the consultant is the “functional equivalent” of an employee. As with employees, under the majority approach, communications with consultants are privileged if, by virtue of their role, those consultants possess or have access to confidential information necessary for the provision of legal advice.
