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The attorney-client privilege preserves the confidentiality of communications between lawyers and their clients. As a legal entity, the University can assert the privilege. Communications may be privileged whether they are oral, written or electronic. Generally, the privilege will apply when the Office of General Counsel (OGC) and a University officer, employee or agent communicate for the purpose of providing or receiving legal advice or for the purpose of obtaining information in order to provide legal advice. Those communications are privileged as to third parties, but are not privileged as to other University officials.

The attorney-client privilege encourages openness and honesty between the OGC attorneys and their University clients because, in most situations, attorneys can neither reveal nor be forced to reveal attorney/client written, oral, or electronic communications. This is important because the privilege shields written and oral communications from disclosure in litigation as well as from disclosure under the Â鶹ӳ»­ Public Records Act and similar laws.

Communications must be kept confidential for the attorney-client privilege to apply. If the substance of attorney-client communications is disclosed to persons outside the University, the privilege may be waived. Therefore, communications with OGC attorneys should never be discussed with anyone outside the University, including family members or friends.  Within the University, they should be discussed only with persons who have responsibility for the particular matter.

In addition, although email communications are protected by the attorney-client privilege to the same extent as other communications, please remember that email is never completely secure and that emails are often forwarded or inadvertently circulated to a broader audience. Accordingly, please exercise appropriate discretion when using email to communicate with the OGC regarding sensitive matters. It is best to send such communications to as small a group of persons as possible. Additionally, the OGC recommends that all written communications (including email) from University administration, faculty and staff to OGC attorneys concerning legal matters be marked “Confidential Attorney-Client Privileged Communication” by the sender.  If you are in doubt about the wisdom of sending an email, we encourage you to contact us first by phone.

Communications with the OGC regarding personal legal matters or regarding non-legal matters are not privileged or confidential.

If you have any questions concerning the attorney-client privilege, please call the OGC at (775) 784-3510.