Deploying a defense plan is among the chief subjects that many business leaders overlook. Some do not understand how the law operates regarding communications between the council and a client. You must learn how to protect your company from any legal loopholes. Attending a law school offers little or no knowledge about the attorney-client privilege, which is one of the most sensitive matters in the legal structure. Here is what you must know about the subject.
The fundamentals of attorney-client privilege
The approach you use when passing a message to your counsel without leaking its content defines attorney-client privilege. You can email or write a letter addressing your in-house or outside lawyer. The method protects you from potential evidence in ongoing litigation if properly applied.
The attorney-client privilege provides a platform for you to reach your counsel concerning the ongoing investigations against you or your company. It is an effective way to avert a situation that can cause significant liability. Find out if there is a need to protect the communication medium between you and your lawyer before sending emails and letters.
How to structure a helpful attorney-client privilege
One way to remain safe during an ongoing lawsuit investigation is to put together the best structures on your attorney-client privilege. Making it stand the test of any court is one factor you must consider. Here are aspects worth observing keenly:
• Only talk to your attorney concerning the case
Whether you are dealing with an in-house or outside counsel, it is advisable to only address your legal issues to them. The privilege will only protect the communication between you and the attorney and not any other party. The objective is to prevent information from reaching the wrong recipient. Your lawyer is obligated to keep all the details confidential, so you should be confident sharing with them.
• Always seek legal guidance from your lawyer after communication
Seeking your lawyer’s advice puts you safer and keeps your attorney-client privilege structure more vital. It prevents you from making wrong moves and keeps you on track regarding the case. Understanding what to do against what to avoid is a wise approach.
• Ensure that emails addressed to your attorney have a privileged label on the subject.
The approach adds a layer of security to your Attorney-Client privilege. It lets the lawyer know that the email is confidential, and they must treat it with ultimate discretion. Ensure that the label is clear to read upon receiving the email.
When communicating with your lawyer, the subject must relate to legal advice only. Therefore, other communications regarding personal businesses can not fit under attorney-client privilege protection. Always proceed with caution and seek advice from your attorney regarding all matters.
The attorney-client privilege is in place to enhance genuine communication between you and your attorney. Your lawyer deserves to know all the details on what you know about the case. Irrespective of the level of embarrassment, you must provide your attorney with all the necessary information, which explains why confidentiality is critical. Do not share your conversation with a third party, as that may create loopholes.