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Privilege/Ethics
The San Diego County Bar Association has issued an advisory with respect to the duties of three former in-house counsel wishing to sue their respective former employers. Each lawyer had requested guidance with respect to what they may disclose: 1) confidentially, to their employment counsel; 2) publicly, in the complaint or other proceedings necessary to prove their claims; and 3) publicly, to respond to defenses their former employers might raise to their claims. San Diego County Bar Association Legal Ethics Committee, Op. 2008-1.
Applying California law and the state duties of confidentiality and professional conduct, the committee stated that with respect to the disclosures to employment counsel, they would not be subject to discipline for disclosing to their employment counsel the facts they reasonably believe are necessary to evaluate their claims. Such disclosures could include both 'Employment Information' (information pertaining to the terms and conditions of in-house counsel's employment) and 'Legal Services' Information (all other information gained by the lawyer in connection with the professional relationship-privileged or not).
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