Peter Goss Shares Advice on Avoiding Attorney-Client Privilege Blunders

Peter J. Goss recently commented for a Law360 article entitled “The 3 Biggest Blunders With Attorney-Client Privilege.”  Goss cautioned that written memoranda containing advice on changes to business practices are often difficult or impossible to “claw back” after inadvertent disclosure.  These memoranda can prove troublesome when they recommend a course of action that the company ultimately decides not to take.  For that reason, Goss recommends that lawyers confer closely with the affected businesspeople before reducing their advice to writing.  “This is important for the lawyers involved in generating a piece of writing that could affect a course of a business practice,” Goss said. “It’s important that before lawyers put pen to paper that they’ve spoken to all of the business people who will be affected by it, and vetted the message with them so that when the memo is generated, there won’t be any surprises for the business.”  The article is available to Law360 subscribers here.