Representing an Entity: The Attorney-Client Privilege and Duty of Confidentiality
19 Pages Posted: 3 Nov 2021 Last revised: 10 Dec 2021
Date Written: December 9, 2021
Abstract
There are significant questions surrounding the organizational attorney-client privilege and the attorney’s duty of confidentiality to his or her organizational client under Rule 1.6 of the Colorado Rules of Professional Conduct (“Colo. RPC”) and Colorado statutes. These are important questions and impact the practice of business law in general. Among the questions are:
1. Who can assert the privilege?
2. What happens to the privilege when the client merges?
3. Can current management protect their attorney-client communications from disclosure by successor management?
Keywords: attorney-client privilege, duty of confidentiality, ethics, rules of professional conduct
JEL Classification: k2, k22, k39, k40
Suggested Citation: Suggested Citation