Credit: Ramcreative/Adobe Stock When Is Employment Law Advice Privileged—or Not?
The privileged nature of the advice and counsel of employment lawyers must not be taken for granted, and it is hoped that the court's ruling in 'In re Grand Jury' will clarify and provide clear guidelines regarding the privilege's application to counsel's activities.
November 09, 2022 at 07:56 AM
7 minute read
Analysis
Employment lawyers spend their days consulting with their clients, guiding them through troublesome human resources issues, recommending disciplinary approaches, drafting performance improvement plans, drafting scripts for meetings between lawyers and their clients, and providing other assistance in the hope of avoiding legal difficulties and employment litigation.
Clients and their lawyers reasonably expect that this advice is protected by the attorney-client privilege or the work product doctrine. It is provided in response to requests for legal advice in scenarios that may well pose significant legal risk.
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