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ARTICLE · 25 JANUARY 2018

Communication Surrounding Litigation: Loose Lips Sink Ships!

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Most employers are probably aware that communications with their attorneys for the purpose of obtaining legal advice are protected under the attorney-client and work-product privileges.

United StatesEmployment and HR
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FordHarrison LLP
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Most employers are probably aware that communications with their attorneys for the purpose of obtaining legal advice are protected under the attorney-client and work-product privileges. That means if a lawsuit is filed and the employee's attorney wants to know what advice you received from your attorney about the matter (or what was prepared in anticipation of litigation), you don't have to answer.

But many employers don't understand that the privileges have limits and that communications with other individuals who aren't lawyers might have to be disclosed, even if those individuals were deeply involved in the decision-making process or the defense of the case. Recent Massachusetts cases can help you understand why it's important to be careful about what you say to anyone who is not your attorney.

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