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ARTICLE · 09 AUGUST 2017

The Privilege Of Talking With Your Lawyer

Duane Morris LLP
Duane Morris LLP
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Almost every HR professional deals with an attorney. With strong relationships, sometimes you will refer to the lawyer as your lawyer.

United StatesLitigation, Mediation & Arbitration
Jonathan Segal
Jonathan Segal
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I am pleased to share my latest post to The SHRM Blog.

Almost every HR professional deals with an attorney. With strong relationships, sometimes you will refer to the lawyer as your lawyer. Not so fast. Here are 6 recommendations to keep in mind when you deal with "the" lawyer:

1. The lawyer engaged by the Company represents the Company and not you. So be honest about work issues but be careful about issues that may be adverse to the Company. If you are thinking of exercising your legal right to bring a claim, do not give the Company's lawyer a heads up! He or she, ethically, cannot retain your confidence.

2. The attorney-client relationship covers only communications in which you ask for advice on behalf of the Company or the attorney gives advice to the Company through you.  It does not cover, for example, an offensive "joke" that you tell the Company's lawyer in confidence.  By the way, don't tell the "jokes." Full stop.

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