Attorney-Client Privilege
Attorney-Client Privilege applies to communications between an attorney and the client, which are connected with a request for legal advice. This can apply to interactions with outside legal counsel as well as in-house legal counsel.
By invoking attorney-client privilege, Human Resources can keep private certain documents or the results of an investigation which were undertaken at the direction of legal counsel. Thus if the results of the investigation were unfavorable, they can be protected against disclosure. On the other hand, if the results could be useful in litigation, then the privilege can be waived and the results disclosed.
Attorney-client information may not be disclosed to anyone who does not have a need to know. Inappropriate disclosure will waive the privilege. Avoid giving attorney-client privileged information to outside agencies or persons without first discussing the matter with legal counsel.
Be aware of any issue arising in the workplace that could have a potential for an EEO charge, OSHA citation, or a civil suit. Contact your legal counsel early in the process to discuss the issue. If the situation presents a risk then legal counsel can issue a memo instructing you to conduct an investigation.
Mark all associated documents with the words "attorney-client privileged".
