More On

Labor: A Matter of Privilege

A hallmark of our legal system is the protective umbrella formed by the attorney-client privilege and the attorney work-product doctrine. Clients and lawyers depend on these concepts on a daily basis to candidly communicate about and consider their legal rights and liabilities without fear that such candid conversations or mental impressions will be disclosed to those outside of the attorney-client relationship.

A close cousin to the attorney-client privilege and work-product doctrine is the disciplinary rule that prevents a person from being interviewed about the facts of a case where he or she (or his or her company as the case may be) is represented by counsel. This rule may be broader in some jurisdictions than in others, but generally, a party known to be represented by counsel cannot be contacted about a given controversy without counsel being present or otherwise consenting.

author image

David Evans

David Evans is a shareholder with San Antonio-based Langley & Banack, practicing employment and commercial litigation.  Langley & Banack is a member of...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.