True. Concern about legal issues is what leads one to consult counsel in the first place typically though. Counsel discourages speculation by people who aren't

True. Concern about legal issues is what leads one to consult counsel in the first place typically though. Counsel discourages speculation by people who aren't involved and aren't the right people to be discussing it - like they've read a news article. I haven't heard anyone discourage genuine inquiry into a specific issue they're concerned about, and that it's appropriate for them to raise. It sounds like the employee had specific knowledge about an aspect of the company's operations. The word speculation is used a lot in that context, but every piece of legal advice I've ever received (outside of impersonal training) started with me thinking: it seems like this might be a problem ... I wonder if it's really a problem or not ... Counsel also gives training about when to ask for legal advice and how to handle privilege and confidential communication, which doesn't sound like were followed here (or maybe never provided). As you say, it could be a liability during litigation. However, the response to that could have been "I've added our legal team for input on the issue you've raised. Please don't discuss legal issues except in privileged communication with our legal team." I guess that's easier to say and do when you have inhouse counsel. -g- I would also hope that a thread like that would be deemed to be protected by privilege if counsel were immediately added like that as part of a request for legal advice. Perhaps someone more familiar with the boundaries of privilege could comment. From what I understand though, opposing counsel are usually pretty hesitant to attempt to pierce privilege, especially if there's a tinge of legitimacy on it. E.g., random guy raises legal concern to superior, who immediately involves counsel. Opposing counsel has to actually attempt to make the case that it's not privileged communication, which they are reluctant to do in such cases (but doesn't mean it can't happen).