Legal Question in Legal Ethics in New York
Someone who is an attorney, but is employed full time, in a strictly non-legal role, has a legal conversation with another employee. Is that conversation privileged by attorney-client privilege? In other words, this person is not employed as an attorney, If, in the preformance of his full time work can he still claim attorney-client privilege when discussing a legal matter?
Asked on 1/22/10, 3:33 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
It depends on the intention of the parties. If the intention of the person asking the question is to retain the attorney for representation, then there is an attorney client privilege even if the attorney is not retained by the client.
Mike.
Answered on 1/27/10, 4:44 am