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Law Practice,
Ethics/Professional Responsibility

Dec. 27, 2018

Attorney-client privilege can be a thorny issue for in house counsel

What is the obligation to protect this privilege if the attorney is an employee of the business, serving as general counsel?

Jack H. Robbins

Vice President and General Counsel
Rainbow Sandals, Inc.

Clothing, manufacturing and software

900 Calle Negocio
San Clemente , CA 92673-6201

Phone: (949) 276-4431

Fax: (949) 276-5729

Email: Jack@RainbowSandals.com

Loyola Law School

Rainbow Sandals, Inc. in San Clemente, which has manufactured sandals and other footwear for almost 45 years. Jack created the legal department, and handles all legal matters for the company.

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The obligation to protect the attorney-client privilege for outside counsel in the representation of a business is generally straight-forward. The general rule provides that the client of an attorney has "a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer." Evid. Code Section 954. See Kern...