• Privilege Policy: Legal Hat or Business Hat?
  • July 13, 2005 | Author: David M. Greenwald
  • Law Firm: Jenner & Block LLP - Chicago Office
  • Martindale-Hubbell posed the following question to provide a variety of views on this important topic:
    With each country defining privilege protections differently, what are the key safeguards in creating a solid privilege policy that works globally?

    Protecting privileged material requires establishing and maintaining privilege. Corporate counsel face a major hurdle in demonstrating that they are acting in a legal rather than business capacity. Educate corporate clients to request legal advice, and indicate when legal advice is being provided. Attorneys acting primarily in a legal capacity should use legal titles and be shown on organization charts as reporting to the legal department. Even in civil code jurisdictions, taking these steps may establish privilege elsewhere.

    Maintaining privilege requires carefully limiting distribution of privileged material, including email. Design intranets and extranets to limit access only to those with a need to know privileged information.