Suppose your company suspects an employee broke the law, perhaps even using company property to do so. The company decides to conduct an internal investigation. If your company is sued because of the employee’s conduct, communications and documents from the investigation could be uncovered during the lawsuit. Attorney-client privilege and the work-product doctrine can protect the confidentiality of these types of investigations. With simple practices, your company can get the best coverage from these tools.
Protecting Your Company with Attorney-Client Privilege
Attorney-client privilege protects certain communications between an attorney and a client. However, the privilege has limits that can leave important information unprotected. Below are some simple rules that can help close these gaps for companies.
First, only company representatives should communicate with the attorney. According to Alabama’s Rules of Evidence, company representatives include the company’s “control group,” such as high-level executives, and other employees closely involved with the issue being investigated. Therefore, discussions between the CEO or president and the company’s attorney about the conduct of the employee in question during the investigation will likely be protected by attorney-client privilege. The remaining group of representatives depends on the type of infraction. If the employee committed tax fraud, for example, members of the accounting department might be included.
Second,...
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