The attorney-client privilege maintains the confidentiality of certain communications, made between attorneys and their clients, for the purpose of seeking or providing legal advice. The privilege protects communications made orally or in writing, in person or over the telephone, in letters or in emails.
The privilege belongs to the university and only protects those communications that were made for the purpose of seeking or providing legal advice.
The use of a “privilege” label does not automatically establish the privilege where it otherwise would not exist.
Email communications are not covered by the privilege simply because an OGC attorney is copied on the email. The privilege only applies if the communication has a substantial purpose of seeking legal advice from an OGC attorney.
The privilege may be lost if the client discloses the communication or shares protected documents with third parties. If faculty and staff have received advice from OGC, faculty and staff should not share or forward advice without first consulting OGC in order to preserve the privilege. If you have any questions about the scope of the privilege, please contact OGC.