Judiciary

Erosion of Attorney-Client Privilege

A series of actions by federal regulators in recent years has threatened core legal protections surrounding the communications between attorney and client. While the intentions of the regulators to prevent corporate wrongdoing may appear on the surface to have merit, their actions threaten core legal protections and may obstruct rather than expedite corporate investigations.

The attorney-client privilege is one of the oldest common law protections and the bedrock of a party’s constitutional right to receive guidance from legal counsel. It is the right of a client to refuse to disclose confidential attorney communications and to prevent legal counsel from disclosing the communications.

Having privileged access to legal counsel allows individuals and corporate officers to seek legal advice on the law and how to conform to the law. It also facilitates internal corporate investigations and remedies of prior conduct by allowing a lawyer to conduct an internal corporate inquiry through communicating confidentially with company employees.