Tag Archives: Ohio Supreme Court Attorney-Client Privilege ruling

Labor & Employment Alert: Ohio Supreme Court Attorney-Client Privilege Ruling

From automobile to employment practices liability, from data security to construction liability and everything in between, the reality of today’s business and legal landscape is that there is an insurance policy to fit most contingencies and risks. These insurance policies more often than not can provide for panel counsel to represent the insured. The tripartite relationship between the insurer, insured, and counsel creates unique challenges relative to defining the attorney-client relationship.

The attorney-client privilege, which results from an attorney-client relationship, is one of the hallmarks of our legal system: where legal advice of any kind is sought from an attorney, in that capacity, the confidential communications relating to that advice are permanently protected from disclosure, unless the protection is waived. If communication is not protected by the privilege, a person can be required to disclose the communication to others, including opposing parties in lawsuits, and in the case of public entities, the general public. The protection from disclosure makes the privilege vital because without it clients could not, and likely would not, seek comprehensive legal advice. In fact, the purpose of the privilege is to encourage full and frank communication between attorneys and their clients. 

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