The attorney-client privilege is an invaluable tool that is used to encourage frank and open communications between a client and an attorney. Clients rely on the privilege when communicating with attorneys. It is important to remember that the attorney-client privilege applies only to communications between a client and an attorney for the purpose of seeking legal advice. A company’s reliance on the attorney-client privilege provides...
Chief compliance officers have to work closely with the chief legal officer or general counsel on a number of important issues. In certain circumstances, CCOs have to be mindful of the importance of the company’s ability to assert the attorney-client privilege. While CCOs tend to lean in favor of disclosure and transparency as an important principle in promoting a company’s compliance program, there are a...
I like to repeat myself – attorneys are valuable for only two reasons: (1) attorney-client privilege; and (2) advice of counsel defense. I know I am not supposed to denigrate my profession but these are two important reasons, especially the attorney-client privilege. In the context of corporate internal investigations, the attorney-client privilege is an essential tool when conducting internal investigations involving serious issues. I am...
CCOs face many challenges in their jobs. One area that is difficult but usually can be solved with common sense is where to draw the line on attorney-client privilege issues. As a practicing attorney, I can attest to the importance of the attorney-client privilege. It is a principle that is critical to the functioning of a corporation or any other organization. Communications for the purpose...
The legal profession is transforming itself, especially in the area of compliance. Lawyers are an invaluable part of a compliance program. They provide important perspective and understanding of risk, they help a company to assess and navigate legal risks and they interface with regulators and enforcement agencies. The most effective compliance programs usually are built around a strong partnership between a chief compliance officer and...
I am pleased to announce the release of my new e-book — The Art of the Internal Investigation — by Corporate Compliance Insights. To download a free copy, please visit here. Conducting an internal investigation in today’s risky enforcement environment requires numerous — if not continuous — judgement calls. Stakes are high, and answers are never black-and-white. In this free eBook, Michael Volkov wields his...
