Sentences with phrase «certain legal privileges»

Lawyers still have certain legal privileges, but essentially they are service providers.

Not exact matches

0738 (JSM), 2001 WL 1154666, at * 2 (S.D.N.Y. 1 October 2001)(finding certain communications between the investigator, who conducted the internal investigation, and in - house and outside counsel are protected by attorney — client privilege because the investigator received legal advice from counsel under circumstances in which the employee under investigation was an executive and litigation was expected if the employee were terminated).

In Upjohn Co. v. United States, 6 the United States Supreme Court held that a company's attorney — client privilege extends to company counsel's communications with employees in certain prescribed circumstances.7 Rather than providing a simple objective test, the Upjohn court instead established five factors to guide courts in determining whether the company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction of superior officers of the company for the purpose of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «control group» management; (3) whether the matters communicated were within the scope of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose of the company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between company counsel and an employee to be within the scope of the company's attorney — client privilege.9

However, if the materials over which legal professional privilege are being asserted are central to any enforcement investigation (such as a party defending certain conduct on the basis that it was taken on foot of legal advice), it may appear unco - operative to refuse to disclose such material.

When the SFO subsequently commenced its own investigation, not only did it have access to Rolls - Royce's internal investigations and interviews (Rolls - Royce having made a limited waiver of its claims for legal professional privilege over them), but also Rolls - Royce deferred certain interviews until the SFO had completed its interviews of the same individuals.

Non-lawyers do not have the same legal duties and responsibilities as lawyers in some situations, nor do they benefit from the same rights and privileges (such as the ability to represent parties or classes of parties in certain legal proceedings, a far broader scope of privilege concerning legal advise provided, etc.).

Gowling Lafleur Henderson LLP corporate and commercial dispute lawyer Duncan Boswell says privilege is waived by implication when a party is pleading they relied on legal advice before acting in a certain way.

While a lawyer can attempt to set up the conditions for the client's later assertion of privilege (for example by saying, on the record, something like «speaking, now, in my capacity as legal counsel»), that attempt may not always be determinative, and the client may lose the benefit of privilege for certain communications.

Privileged documents are those that fall under the protections of attorney - client privilege, a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential, even when they contain information relevant to the legal matter.

In Alberta v. Suncor Energy Inc, 2016 ABQB 264, certain documents and records created or collected during an accident investigation were protected by litigation and solicitor - client privilege where legal counsel made decisions with respect to the accident investigation within hours of the event.

The tangible legal benefit to a party of negotiations being without prejudice is equally well understood: subject to certain exceptions, privilege attaches to the content of those negotiations rendering the contents wholly inadmissible.

Under English law «legal professional privilege» entitles a party to withhold evidence (electronic, written, or oral) and not disclose it to either the other side, the court, or regulatory bodies (subject to certain exceptions).

The Prudential case involved the issue of whether the Prudential could refuse to withhold certain documents on the ground that the documents were covered by legal advice privilege, where the legal advice had been given by accountants in relation to a tax avoidance scheme.

The lawyers refused to produce certain documents in the legal malpractice lawsuit asserting that such documents were protected by attorney - client privilege.

However, legal privilege relating to external counsel applies irrespective of the location of a legal document or information, that is, also to certain pertinent documents in the hands of the client or company, or even of other third parties.