Note:
Michael W. Tankersley, The Corporate Attorney-Client Privilege: Culpable Employees, Attorney Ethics, and the Joint Defense Doctrine, 58 TEXAS L. REV. 809 (1980).
 

Abstract:
This note proposes a new approach to understanding the nature of the corporate attorney-client privilege. The author argues that federal opinions addressing the corporate attorney-client privilege fail consider some pertinent differences between individuals and corporations. Moreover, since the corporate attorney-client privilege is narrower in scope than the privilege when the client is an individual, it is much more likely that the attorney will be forced to breach his ethical duty of confidentiality. To address these issues, this note proposes a corporate privilege that extends to all employees who are personally responsible for acts that have affected the corporation’s legal position.