Attorney-Client Privilege
The attorney-client privilege protects the confidentiality of communications between attorneys and their clients. With certain limited exceptions, the courts cannot require a party to disclose communications that are protected by the attorney-client privilege. The purpose of the privilege is to encourage individuals and organizations to seek legal advice and to ensure that they communicate forthrightly with their attorneys. The attorney-client privilege is a valuable one and it belongs to Washington University.
The attorney-client privilege applies to any communication that is:
- between an attorney and client,
- for the purpose of soliciting or receiving legal advice, and
- made in confidence and kept confidential.
The attorneys in the Office of Executive Vice Chancellor and General Counsel represent Washington University and its affiliated entities. Sometimes OGC will retain outside counsel to assist with a particular matter. The confidential communications of OGC and outside counsel with University faculty and staff regarding the University’s legal affairs are protected by the University’s attorney-client privilege. If those communications are disclosed to anyone outside the University or to those within the University who are not directly involved in addressing the legal issues under discussion, the University could lose the important benefits of the privilege.
The attorneys in OGC and outside counsel retained by OGC are legally obligated to maintain the confidentiality of client communications. University faculty and staff also have responsibility for preserving the privilege. Here are some things you should know about protecting the University’s attorney-client privilege.
- Do not discuss your communications with University attorneys with anyone outside Washington University.
- Never distribute written communications—including emails—from University attorneys to anyone outside Washington University.
- Within Washington University, limit your discussions about attorney-client communications to those who have a clear need to know that is directly related to the solicitation or delivery of legal advice. The same applies to sharing of written communications—including emails—from University attorneys. Those should never be forwarded or otherwise distributed without prior discussion with OGC attorneys.
- When you communicate with OGC attorneys for the purpose of soliciting or receiving legal advice, mark your communication "Attorney-Client Communication—Privileged and Confidential" and maintain those communications in segregated files.
If you have any questions about the attorney-client privilege, please contact any of the attorneys in the Office of Executive Vice Chancellor and General Counsel.