Feb 23, 2022, 1:29 PM
(from Venable) Besides receiving what is hoped to be sound and constructive advice, the use of legal counsel by human resources (HR) departments and in-house counsel on HR matters may have the additional benefit of protecting sensitive, and potentially damaging, information from disclosure under the rules of attorney-client privilege and the attorney work product doctrine. While these rules are well known, they are often misunderstood and can often be complex, given the facts or legal context. The purpose of attorney-client privilege is to protect the communications between an attorney and client regarding information related to legal representation. The basic elements needed to establish privilege are (i) a communication (ii) made in confidence (iii) between an attorney (iv) and a client (v) for the purpose of seeking or obtaining legal advice. This privilege belongs to the client, not the lawyer.
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