April 01, 2017

Attorney-Client Privilege Does Not Apply to Former Employees

Carl A. Aveni

Reprinted with permission from Litigation News, Spring 2017 (42:3). © 2017 American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Businesses beware: the attorney-client privilege does not shield interviews with former employees, at least according to one state supreme court. The privilege does not apply even if the interview relates to the scope of former employment or if the former employee had previously served in management. Once the employment relationship has ended, all future communications with corporate counsel are immediately discoverable, according to the decision.

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