GC Loses Privilege By Sending Legal Report To PR

In a dispute between a doctor and a hospital, the doctor moved to compel production of email pertaining to a related but separate legal matter. The email, which contained legal advice from the hospital’s outside counsel, had been sent by the hospital’s general counsel to the hospital’s PR consultant. This post from Presnell on Privileges looks at the strategies invoked by the hospital in its attempt to retain privilege on the email chain, and why they failed, in a case that illustrates “the corporate attorney-client privilege’s fragility when a team’s lawyers share legal advice with the team’s non-lawyers.”