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re: Hannity has been named as a client of Cohen
Posted on 4/16/18 at 4:36 pm to cajunangelle
Posted on 4/16/18 at 4:36 pm to cajunangelle
quote:
The news saying Cohen doesn't get Atty/client priv because he was barely a lawyer is BS. (If you are the lawyer of a billionaire you don't need any other clients)
Not necessarily. Whether you have many clients or just one (and even if you are an in-house attorney), you still must act and communicate on truly legal matters in a manner consistent with an attorney representing his/her client for the privilege to attach.
I've seen examples of where courts invalidated the privilege when they concluded that lawyers acted and communicated more like project managers or business advisors than as attorneys.
1
Posted on 4/16/18 at 7:14 pm to DallasTiger
quote:
Not necessarily. Whether you have many clients or just one (and even if you are an in-house attorney), you still must act and communicate on truly legal matters in a manner consistent with an attorney representing his/her client for the privilege to attach.
I've seen examples of where courts invalidated the privilege when they concluded that lawyers acted and communicated more like project managers or business advisors than as attorneys.
Further to your largely correct point, the fact of representation has never been privileged. It is the content of the communications that are privileged, not their existence.
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