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EFFECTIVE IN-HOUSE COMMUNICATIONS AND PRESERVING THE PRIVILEGES. Presented By: John Eldridge Haynes and Boone, LLP (713) 547-2229 and Chris Chaffin
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Presented By: John Eldridge
Haynes and Boone, LLP
A “lawyer” is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation.
Agents or “Representatives” of the Attorney
(A) one employed by the lawyer to assist the lawyer in the rendition of professional legal services; or
(B) an accountant who is reasonably necessary for the lawyer’s rendition of professional legal services
A “client” is a person, public officer, or corporation, association, or other organization or entity . . . who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from that lawyer.
(A) a person having authority to obtain professional legal services, or to act on advice thereby rendered, on behalf of the client; or
(B) any other person who, for the purpose of effectuating legal representation for the client, makes or receives a confidential communication while acting in the scope of employment for the client.
* Corporate clients can share their knowledge of legal advice under some circumstances with other employees.
* Dissemination of legal advice beyond those who “need to know” may waive the privilege.
Confidential communications between a client or lawyer and another lawyer representing a party in a pending action and concerning a matter of common interest.
(Joint clients who later become adverse)
A communication is “confidential” if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of professional legal services to the client or those reasonably necessary for the transmission of the communication.
(1) Material prepared or mental impressions developed in anticipation of litigation or for trial by a party or a party’s representatives, including the party’s attorneys, consultants, sureties, indemnitors, employees, or agents;
(2) a communication made in anticipation of litigation or for trial between a party and the party’s representatives or among a party’s representatives, including the party’s attorneys, consultants, sureties, indemnitors, insurers, employees or agents.
Rule 192.5 of the Texas Rules of Civil Proc.