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1
A former employee threatens to sue EDJ for wrongful termination. The former employee’s supervisor, writes an email to Anna Hartog, Legal Division, Talent team Leader, requesting legal advice regarding the matter. The supervisor also cc's Suzan McDaniel, our Chief Human Resources Officer, on his email to Anna. Is the supervisor's email protected under attorney-client privilege?
Select one or more answers
No, because cc'ing Suzan McDaniel, a non-attorney, "destroyed" the privilege.
Yes, because the supervisor is sending a communication to an attorney for the purpose of requesting or receiving legal advice. Suzan McDaniel is a firm official with a need to know about the threatened lawsuit by virtue of her responsibility as Chief Human Resources Officer.
2
The supervisor meets with Anna to discuss the former employee's allegations. Later that week, the supervisor has lunch with a colleague in another department who has no role in the case and the supervisor recounts Anna's legal advice to his colleague. After the lunch, is the original meeting between Anna and the supervisor still privileged?
Select one or more answers
Yes, because the colleague is a firm employee and therefore their knowledge of Anna's advice doesn't destroy privilege.
No, because the supervisor recounted Anna's legal advice to an individual not involved in the case and as a result waives the privilege otherwise provided.
3
As part of the former employee's allegations, the employee also asserted that there were widespread employment concerns at the firm impacting multiple divisions and employees. On the advice of Anna, Suzan McDaniel reaches out to a third-party vendor, XYZ, to conduct a review of the firm's employment practices against industry standards and applicable law. XYZ works with both Anna and Suzan on compiling a report summarizing their findings. Is XYZ's work compiling the report privileged? Is the final report privileged?
Select one or more answers
Yes, as to both, because the attorney-client privilege extends to communications with third-party consultants (like experts) who are acting as an agent of the attorney, facilitating legal advice.
No, as to both, because the attorney-client privilege does not extend to communications with third-party consultants (like experts) who are not attorneys.
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4
A third-party consulting firm, ABC, is being engaged by the firm to conduct an economic impact assessment study. The goal of the study is to understand EDJ's economic impacts through the creation of jobs and generating economic growth and supporting local communities through supplier spend. The outcome of the final report may reveal unfavorable results for the firm that we wouldn’t want released publicly. The business decides this initiative should be privileged due to its highly sensitive nature. As a result, the business includes a member of the legal division on all emails, conversations, and deliverables to and from ABC. Is the economic impact assessment report subject to attorney client privilege?
Select one or more answers
Yes, because the business has included a member of the legal division on all emails, conversations, and deliverables to and from ABC.
No, because the business isn't involving the attorney for the purpose of obtaining legal advice.
5
As a result of the unfavorable results revealed in the report, the business asks a Legal Division lawyer in Talent to advise as to legal risks and how to best mitigate them. Are the communications regarding this matter with the Legal Division privileged?
Select one or more answers
Yes, because the communication to the Legal Division lawyer requested legal advice.
No, because the project and the underlying report provided by ABC was not protected under privilege and therefore privilege was waived for all further communications.
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