![]() ![]() Prior to (and, as needed, during) the investigation of conduct that may raise legal concerns.In anticipation of potential litigation.When to Seek Protection Under the Privilege Confidentiality is the key to preserving the privileged nature of the communication! Communications made in "public" settings, or in the presence of third parties without a legitimate need to know otherwise confidential communications, are not deemed confidential, and are not privileged.Documents sent to or reviewed by an attorney are not automatically privileged they must be forwarded to the attorney for the purpose of obtaining legal advice. ![]() Where a lawyer is called upon to play a role other than as counsel (e.g., investigator, business advisor or other general, non-legal consultant), the privilege may not apply. Only such portion of communications where legal advice is sought or discussed will be privileged.
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