Michigan

The Basics of the Attorney-Client Privilege in Michigan

One of the perks of retaining an attorney to assist you in a legal matter is the age old protection offered by the doctrine of attorney-client privilege. Communications with a lawyer are protected by the attorney-client privilege when they are between a lawyer and a client seeking confidential legal advice. When the client is a business - such as a corporation - the privilege will protect the communication between a company employee and the company's lawyer so long as the communication pertains to the employee's duties and was made at the direction of the employee's supervisor.

It is important to remember that the attorney-client privilege only covers legal advice. It does not cover business advice. Moreover, communications between an attorney and his or her client will not be protected if they are made to further an illegal action or crime. It is also very important to remember that communications can be stripped of the attorney-client privilege if the client discloses the protected communications to third parties or allows a third party to listen to the attorney-client conversation.

These issues can become difficult when two or more business partners retain an attorney to incorporate or otherwise organize their new business. This is because a lawyer who is retained to organize a business usually considers the business entity itself to be the client. This means that although the business founders may initially be the representatives of the company, they may well not be considered the client for purposes of determining the existence and extent of the attorney-client privilege for communications between the founders and the company's lawyer. If a dispute arises between the founders or a founder and the company, the company's attorney ethically cannot represent opposing parties. Plus, communications the attorney had with the parties may not be covered by the attorney-client privilege.

It is important for Michigan business owners and entrepreneurs to consider their need for a lawyer to assist them with their legal issues. Business lawyers can play a number of different roles for business owners. A good Michigan business lawyer can help a Michigan business succeed by providing good advice and legal guidance. Keeping attorney-client communications confidential is an important part of of this process and is something that all businesses and entrepreneurs should be aware of.

Full post as published by Michigan Business Lawyer Blog on May 21, 2008 (boomark / email).