Attorney-Client Privilege for Unpaid Attorney Members of Non-Profit Boards of Directors
This article discusses the issue of attorney-client privilege for unpaid attorney members of non-profit boards of directors. The question arises whether or not communications to and from the boards of directors and the board member lawyer are protected by the attorney-client privilege.
August 10, 2023 at 10:00 AM
12 minute read
This article addresses a subject that has attracted little commentary but one which nonetheless should be of great interest to non-profit boards of directors. It is ubiquitous for charitable organizations to have relationships with paid outside legal counsel for matters that arise in connection with corporate outreaches and programs such as litigation, contractual arrangements and program liability issues.
What is also common is that lawyers are chosen to sit on the boards of such entities to whom the directors will turn for routine and, depending on the level of expertise of the board member lawyer, perhaps even not so routine legal matters.
In New York City and most other metropolitan communities, charitable boards of directors are under no illusions that lawsuits and other unpleasant claims may be directed to the charity notwithstanding their good works and significant community contributions.
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