Consultants Rarely Fit: The Exclusive Confines of Attorney-Client Privilege

June 15, 2022 —

In a recent issue of Privilege Newsletter, David M. Greenwald and a team of contributors wrote an edifying piece about the strict confines of attorney-client privilege. Greenwald et al. note that in the vast majority of cases, public relations consultants are not protected from scrutiny in their work with a defendant or their counsel.

The only exception to this rule is “if the primary purpose of the engagement is to assist counsel with providing legal advice.” Advice that could be construed as furthering reputational or business interests are not included.

Greenwald et al. explore a range of cases in which the issue of consultants’ communications with defendants are directly contested to provide a clear empirical record for their argument.

To read Greenwald and team’s recent newsletter to get this information directly from the source, click here.

To read about how Castaybert PLLC can assist you with commercial litigation and arbitration, click here.