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If you must leave a paper trail, you send it to the product counsel and to the technical lead with the heading that this is privileged communication for the pur
by tytso 6y ago
If you must leave a paper trail, you send it to the product counsel and to the technical lead with the heading that this is privileged communication for the purpose of getting legal advice. (At least in the US; the legal situation around privileged communications may be different in different countries.)
- chrononaut 6y agoIANAL but I thought the idea of directing an email or communication to a colleague and CC'ing counsel and adding "privileged communication" doesn't actually make it privileged communication unless it's also truly an attempt to get legal advice. Although maybe that's your point, because then it would be discoverable? If it's privileged communication and remains as such than it cannot be discovered, so I am not sure what paper trail is being left? I am confused.
- Arelius 6y agoYeah, definitely don't just cc your counsel, mark it and expect it do be protected. While that may contribute to the argument that it's protected neither of those are sure-fire ways to make sure the communication is actually not discoverable
- rriepe 6y agoPeople that never represent you: Your company's lawyer and your company's HR person