Third Party At Meeting Doesn’t Always Destroy Privilege

How should an in-house attorney handle the situation when a third party shows up at a crucial meeting with a client? First, says Burns & Levinson attorney Shepard Davidson, keep in mind privilege is preserved if the third party’s presence is demonstratively necessary or “highly useful.” And even it it’s not, in some situations the risk could be worth it. The in-house attorney needs to evaluate all potentially relevant factors before deciding whether or not to exclude a third party.