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I was a lawyer (still am, just don't practice anymore), and this is true. Not only that, but if you have the wrong people in the room, then you can lose what w

I was a lawyer (still am, just don't practice anymore), and this is true. Not only that, but if you have the wrong people in the room, then you can lose what would otherwise have been attorney-client privilege.

belval 3y ago
Not seeking legal advice, just curious. Where is the line drawn with regard to attorney-client privilege in corporation with various communication tools? I was once told by a lawyer that emails were privileged (assuming you are communicating with your corporate counsel) but Slack messages with the same person were not. Is this just a lack of precedent with Slack?
- lazide 3y ago
  Not a lawyer, but my understanding is: - you have to have a reasonable expectation of privacy for the communication (yelling it across a crowded room, or using a line you know is recorded by someone else means no privilege) - it needs to be a legitimate attempt to receive counsel from said attorney. - the only other folks who are in the communication are also related to the matter and also clients of the attorney (or attorneys for you). So asking your attorney ‘hey, I ran over someone - am I in trouble?’ over direct private email (or other channel) that is private? That’s privileged. CC’ng your attorney on a thread where you’re conspiring between 3-4 other people so that ‘it’s attorney client priviledged’, but the thread isn’t about you getting legal advice about the legality of the endeavor? Not privileged. Think of it this way: - the courts want to be sure that you can have direct conversations with your attorney on legal matters. That includes asking questions about the law, defending yourself, etc. and they don’t want you to have to worry about putting your foot in your mouth in the process. Because a big reason attorneys exist is because people will put their foot in their mouth constantly without help. - the courts also want to be sure that the truth of any legal matter (with the assistance of your attorney) is found in a speedy, accurate, and expeditious manner. So if you aren’t legitimately trying to get legal advice or help? Pound sand.
- deleted 3y ago
  [deleted]
- checkyoursudo 3y ago
  I have never used Slack and don't know anything about it, so it is hard for me to say. Are Slack messages accessible by third parties? If so, that can break A/C privilege. That is probably the main way it happens. You still need to be careful with email too. Just because you are emailing a lawyer doesn't make it automatically privileged, though there is a much stronger presumption and argument for privilege. But, like, your plans to go to the bar with your lawyer buddy after work are not privileged, even if they are also your corporate counsel. It still needs to be related to legal advice, or in anticipation of litigation (which itself is a very large umbrella that gets you a lot of privilege for otherwise mundane corporate communications). At any rate, a good counsellor will tell you what is safe and not safe. Be sure to take it seriously.
  - esrauch 3y ago
    Slack is accessible by third parties in the same way that phone calls and emails are, namely that many employees of the companies that own the infrastructure can observe all of the communication but are told only to do so under very specific circumstances.
TylerE 3y ago
Is the whole “pay me a dollar retainer so you’re my client” trope an actual thing?
- zerocrates 3y ago
  Not really. One obvious reason: there are pro-bono and state-provided attorneys, but they still retain the privilege with clients that don't pay. There's no requirement for money to change hands, and the mere act of doing so doesn't create an attorney-client relationship where one doesn't otherwise exist.
- k12sosse 3y ago
  Simple answer.. only hire attorneys in all positions /s

belval 3y ago

Not seeking legal advice, just curious. Where is the line drawn with regard to attorney-client privilege in corporation with various communication tools? I was once told by a lawyer that emails were privileged (assuming you are communicating with your corporate counsel) but Slack messages with the same person were not. Is this just a lack of precedent with Slack?

lazide 3y ago
Not a lawyer, but my understanding is: - you have to have a reasonable expectation of privacy for the communication (yelling it across a crowded room, or using a line you know is recorded by someone else means no privilege) - it needs to be a legitimate attempt to receive counsel from said attorney. - the only other folks who are in the communication are also related to the matter and also clients of the attorney (or attorneys for you). So asking your attorney ‘hey, I ran over someone - am I in trouble?’ over direct private email (or other channel) that is private? That’s privileged. CC’ng your attorney on a thread where you’re conspiring between 3-4 other people so that ‘it’s attorney client priviledged’, but the thread isn’t about you getting legal advice about the legality of the endeavor? Not privileged. Think of it this way: - the courts want to be sure that you can have direct conversations with your attorney on legal matters. That includes asking questions about the law, defending yourself, etc. and they don’t want you to have to worry about putting your foot in your mouth in the process. Because a big reason attorneys exist is because people will put their foot in their mouth constantly without help. - the courts also want to be sure that the truth of any legal matter (with the assistance of your attorney) is found in a speedy, accurate, and expeditious manner. So if you aren’t legitimately trying to get legal advice or help? Pound sand.
deleted 3y ago
[deleted]
checkyoursudo 3y ago
I have never used Slack and don't know anything about it, so it is hard for me to say. Are Slack messages accessible by third parties? If so, that can break A/C privilege. That is probably the main way it happens. You still need to be careful with email too. Just because you are emailing a lawyer doesn't make it automatically privileged, though there is a much stronger presumption and argument for privilege. But, like, your plans to go to the bar with your lawyer buddy after work are not privileged, even if they are also your corporate counsel. It still needs to be related to legal advice, or in anticipation of litigation (which itself is a very large umbrella that gets you a lot of privilege for otherwise mundane corporate communications). At any rate, a good counsellor will tell you what is safe and not safe. Be sure to take it seriously.
- esrauch 3y ago
  Slack is accessible by third parties in the same way that phone calls and emails are, namely that many employees of the companies that own the infrastructure can observe all of the communication but are told only to do so under very specific circumstances.

TylerE 3y ago

Is the whole “pay me a dollar retainer so you’re my client” trope an actual thing?

zerocrates 3y ago
Not really. One obvious reason: there are pro-bono and state-provided attorneys, but they still retain the privilege with clients that don't pay. There's no requirement for money to change hands, and the mere act of doing so doesn't create an attorney-client relationship where one doesn't otherwise exist.
k12sosse 3y ago
Simple answer.. only hire attorneys in all positions /s