Law Practice,
9th U.S. Circuit Court of Appeals
Jul. 27, 2010
Corporate Counsel Clarity: 9th Circuit Defines the Client
Identifying which client holds attorney-client privilege is tricky in the realm of corporations, but not so anymore.
Timothy D. Reuben
Founder and President of Reuben Raucher & Blum and the Founder of Reuben Mediation
Email: treuben@rrbattorneys.com
Timothy D. Reuben is a mediator, litigator and author who focuses on resolving complex civil disputes in state and federal courts, as well as in arbitration and mediation. He is also the author of "Tequila, a Story of Success, Love & Violence," a legal novel inspired by real world legal practice that explores power, loyalty and the human dynamics that drive conflict.
In the realm of corporations, sometimes it is a bit tricky to figure out who the client is - and who holds the attorney client privilege. Fortunately for corporate counsel, the 9th U.S. Circuit Court of Appeals has just made that analysis much clearer. In U.S. v Graf, 2010 DJDAR 10510, Judge Richard C. Tallman affirmed a ruling made by Judge Margaret Morrow of the Central District that the corporate attorney-client privilege extends to outside consultants who are "functional emplo...
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