Home -> Law Blog Directory -> Ethics Blogs -> Legal Ethics Forum
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Ethics
: Legal Ethics ForumWhat is the justification for an attorney-client privilege for large corporations?
In class today, we discussed Upjohn and other cases variously defining the scope of the attorney-client privilege for corporations and other entities. One question that arose is whether there is any justification for any privilege? I distinguish the Ma and Pa Hardware store, where the corporation is effectively the individuals. But for large companies, where the source of the communication to company counsel, who does not control the privilege and cannot prevent the company's decision to waive it, does the empirical assumptions for the privilege (i.e., clients will be more forthcoming) hold? Is there any other justification?
And even if there is a defense for the privilege when the source is someone directing counsel, someone in the control group, or the person whose conduct may have created corporate liability (is there?), the Restatement goes even further and privileges all communications between corporate counsel and a company employee or agent, even one who was no more than a bystander to an event potentially creating liability. How did that get put over?
Full post as published by Legal Ethics Forum on September 09, 2009 (boomark / email).
Incorporate Your Business
Summary information
Power of Attorney and Living Wills for the aged
Options for caring for aging parents
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
Grandparents Visitation Rights
Every state lets elderly grandparents petition to visit grandchildren
Living Wills and Powers of Attorney
Laws effecting the elderly
Lawyer Jokes
Law Humor
Daimler Chrysler et al.
alleged negligence pertaining to lost confidential client data which exposed customers to identity theft
Whole Foods
And Other Firms Sued by California Attorney General,
State Farm
Settles with Mississippi Attorney General
Ticketmaster Entertainment
Settles with New Jersey Attorney General
Inflated Drug Prices
Dey LP pays $198,000 settlement to Montana Attorney General.
DUI/DWI
If you have been arrested for drunk driving or driving under the influence you should contact an attorney immediately.

Backers Expect Attorney-Client Privilege Bill to Pass
Rebirth of Proposed Attorney-Client Privilege Legislation
FRE 502: Attorney-Client Privilege And Work-Product Doctrine
Ohio General Assembly to Consider Accountant-Client Privilege








