No Privilege For Lawyer Doubling As HR Chief

An in-house attorney moved through company ranks to become Director of Human Resources. However, she continued to provide legal advice to the company, according to her testimony in a recent case in the Southern District of Florida, “I never take off my attorney hat,” she said. At issue was whether or not her notes and emails regarding a former employee who had sued the company in an FMLA (Family and Medical Leave Act) retaliation matter would be protected under attorney-client privilege. The court determined that most of them were not.