Mark Hinderks of Stinson, LLP. Courtesy photo

Dear Ethics Lawyer

This column, written by Mark Hinderks, of Stinson LLP, focuses on ethics questions. The discussion here is based on the ABA Model Rules of Professional Conduct, but the Model Rules are often adopted in different and amended versions, and interpreted in different ways in various places. Always check the rules and authorities applicable in your relevant jurisdiction—the result may be completely different.

Question: My client company has been sued in a high-profile litigation with potential liability for a significant amount, which could affect the client's perception and relationships in the marketplace and cause even greater damage to its ongoing business. We are forming a task force of in-house and external counsel to work with management to defend the case and would like to hire a crisis management/PR consultant to help advise the team on how legal strategy may be received by the court and potential jurors.

Additionally, we want to see how it will be perceived by our client's constituents, customers, and vendors and how to best manage the company's messaging. But, by including a consultant of this type, do we risk waiving attorney-client privilege on communications among task force members?