Understanding Attorney-Client Privilege and Communications with Third-Party Consultants

Understanding Attorney-Client Privilege and Communications with Third-Party Consultants

Due to the pressure to increase efficiency and shorten turnaround times, companies will often engage with third-party consultants to help with a variety of regulatory and compliance issues. Many times, these consultants will have access to privileged information in order to complete their tasks. Because of this, it’s imperative to look into ways to protect your company.

  Attorney-Client Privilege concept

Attorney-client privilege and the work product doctrine provide for different scopes of protection. Depending on your situation, these two pieces protect different things. For example, if a document is prepared in anticipation of litigation, it may be protected under the work product doctrine, but not attorney-client privilege. Another example is confidential communication giving legal advice can be protected under attorney-client privilege, but not the work product doctrine.

 

These elements must be present for attorney-client privilege to apply:

– They must be a client.

– The communication must have been made to an attorney at the time of communication.

– The communication must have been by the client, not a third-party.

– The communication must have been made in confidence.

– It must be for the purpose of obtaining assistance in a legal proceeding or legal advice.

What is the work product doctrine?

– It allows attorneys to develop theories in connection with litigation without risk of the opponent discovering them.

– It is a qualified immunity from discovery of lawyer’s written statements, personal recollections or private memorandum that were made in anticipation of the litigation.

– Usually extends to materials prepared by a party’s agent, such as a third-party consultant.

– Statements and reports that were made by or to the consultant without a lawyer’s direction or supervision and made in the ordinary course of business are not privileged.

The work product doctrine is embodied in the court’s civil procedure rules, where the attorney-client privilege is a rule of evidence. When looking to maintain confidence in regards to third-party consultants, it’s imperative to look into both of these areas. It can be confusing as to the best course to protect your business, so you may wish to speak with a lawyer to fully understand how to move forward. These third-parties are valuable to your business, so you need to know how to work well with them, while still protecting confidential information about your firm as well as your clients.

The Advantages of Working with an Attorney Consultant Firm

Running a successful law firm is hard work. It takes time and dedication to every aspect of the business Often, it can be difficult to juggle the responsibilities involved with properly serving clients and making sure the business stays afloat. Working with an attorney consultant firm is the perfect solution. Take a look at all the advantages you can achieve when you work with an attorney consultation firm.

legal client communication Intake

Intake consultations are a crucial component of your relationship with every potential client you see. The quality of your intake procedures is a huge determining factor in the number of new clients you can gain every month. When you work with an attorney consultant firm, a representative will assess your firm’s intake procedures and offer insightful feedback on how to improve it. Once your intake procedures are streamlined and optimized, you will be amazed at how fast your firm grows.

Case management

Once you have secured a new client, you must be able to efficiently handle the case. Every attorney knows that managing a case requires an immense amount of work, from its outset to its conclusion. An attorney consultant is well versed in many tricks of the trade that can help make your case management more efficient. Since there are so many facets to keeping a case organized, a good attorney must take advantage of any help that is available. Doing so can help you keep your clients satisfied, which will in turn also help you increase your business.

Client communication

Having strong communication skills in an essential characteristic of an attorney. As your firm grows, it can get increasingly difficult to keep the lines of communication open. An attorney consultant can show you new strategies and help you create a system that helps you increase client communication while a case is pending. Doing so can help increase client satisfaction, which can lead to additional referrals.

If you want to grow your law firm without alienating current clients, working with an attorney consultant firm is a great option for you. If you would like to learn more about how an attorney consultant can help you, contact Attorney Consultants, Inc. today. We would love to hear from you.