Along with billable hours and post-it notes, memos to clients are staples of an attorney’s life. Such memos require judgment and candor in reporting the status of the case and often include thoughts and advice for moving forward. In Sampson v. School District of Lancaster , the attorney-client privilege generally associated with such memos was challenged, as was the work product doctrine for the attorney’s advice. While the attorney-client privilege was upheld, the case presents a lesson for both attorneys and clients.
Mediation Report
Rosemaria McNeil-Sampson was an administrator in the Lancaster school system. In early 2005, she filed a charge with the Equal Employment Opportunity Commission alleging racial discrimination and a hostile work environment, according to the opinion. In June 2005, the EEOC held a mediation attended by McNeil-Sampson and the attorney for the Lancaster school’s board, Diane Weldon. No members of the school board attended the mediation.
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