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1. What communications are covered by the privilege? <br /> Only "confidential communications made for the purpose of facilitating the <br /> rendition of professional legal services to the client" are covered by the privilege. <br /> Our lawyers, in an abundance of caution, consider virtually all of our work-related <br /> communications with our clients as "confidential communications" as defined by <br /> the above rule. To this end, our lawyers mark these communications, "Privileged <br /> and Confidential Communication," or similar language in bold, conspicuous print <br /> at the top of these communications. <br /> Note that "professional legal services to the client" means just that. The <br /> communication must be related to our work for the County in order for the <br /> privilege to apply. In other words, if you ask us, "Gee, I wanted to ask you about <br /> a personal matter I have, and get your advice....", such communications (i.e., <br /> what you tell us and what we may tell you) may not be covered by the privilege. <br /> 2. Who owns the privilege, and who may disclose the confidential <br /> communications? <br /> Absent specific exceptions, the client and the client alone owns the privilege, and <br /> therefore, the client is the only one who may disclose these communications. <br /> 3. Are Corporation Counsel staff considered 'lawyer representatives" <br /> for purposes of the privilege? <br /> Yes. Our entire staff understands the sanctity of the privilege, and is trained in <br /> preventing unauthorized breaches of the attorney-client privilege. <br /> 4. What can happen if our department releases information concerning <br /> discussions we had with Corporation Counsel? <br /> Although the general statement, "After discussing this matter with our lawyers, <br /> we have decided....", may not breach the attorney-client privilege, a statement <br /> such as the following will be regarded as compromising the privilege: <br /> "Corporation Counsel has told us we need not issue the permit, <br /> because our County ordinance does not apply....." <br /> In other words, merely stating that you have consulted with your attorney will not <br /> breach the privilege. However, stating the reasons underlying our opinion will. <br /> Further, once the privilege is breached, it cannot be reasserted. Thus, all <br /> communications surrounding the previously privileged matter become fair game. <br /> In short, you cannot "unring the bell." <br /> 2 <br />