Attorney-Client and Work Product Privilege
Attorney-Client Privilege
Communications between North Carolina A&T State University’s attorneys and administrators, faculty, and staff are subject to the attorney-client privilege (confidentiality) when:
- the communication was made in confidence;
- between a client and an attorney; and
- for the purpose of seeking or giving legal advice concerning NC A&T matters.
The attorney-client privilege recognizes that university clients need to be comfortable when sharing information with their attorneys. It allows for openness from the university’s attorneys in providing advice and helping to develop strategies to act in the N.C. A&T’s best interests. The communications are privileged whether they are oral, written or electronic. This means that neither the attorney nor the client can be required to divulge the communication as part of a legal process, such as an investigation or a lawsuit.
It is important that university clients fully disclose information, including their own missteps, to the university’s attorneys. In certain matters, NC A&T is represented by attorneys in the Office of Legal Affairs and the North Carolina Attorney General’s Office. These communications enjoy the attorney-client privilege whether they are oral, written, or electronic.
Because confidentiality is a requirement for invoking the attorney-client privilege, a communication may lose its privileged status if shared with a third party. In order to protect the privilege, it is important to maintain confidentiality. To benefit from the privilege, university clients must not share any advice received from the Office of Legal Affairs. Disclosure of legal advice or communications could jeopardize or remove the attorney-client privilege.
Work-Product Doctrine
The attorney work-product privilege is related to the attorney-client privilege. The work-product doctrine states that an opposing party should not compel disclosure of written or oral materials that are prepared by or for an attorney in the course of legal representation, especially when a lawsuit may result. The work-product doctrine protects documents prepared in anticipation of litigation by the client, the client’s attorney, agents and consultants for the client and attorney, and experts hired by the client or attorney.
University clients may sometimes see the words “Attorney-Client Privileged” or “Attorney Work Product” on a document, email, or other communication. This designation serves as a reminder to maintain the confidentiality of the document or communication. Generally, information that is attorney-client privileged or attorney work product will be protected by a court.
Please direct all questions about privilege to the Office of Legal Affairs at 336-334-7592 or legal@ncat.edu.
Disclaimer: The information on this page is provided solely for informational purposes, and is not to be construed as, or be a substitute for legal advice.
