for the purpose of seeking, obtaining or providing legal assistance to the client. In certain circumstances, privileges may be lost if privileged material is subsequently distributed. Solicitor-client privilege is the oldest common law privilege for confidential information. Nevertheless, solicitor-client privilege is reminiscent of the privilege of testimony, which has been extended to other professions such as doctors, psychologists, accountants and the clergy. The purpose of privilege is to foster full and open communication between the client, patient or penitent and professional. In Texas, an employee is considered a “privileged person” (or client) of in-house counsel if the employee (a) has the authority to use professional legal services or respond to advice given, or (b) makes or receives confidential communications under the direction of the Company and during employment. Tex. Evid. R. 503(a)(2)(A) and (B) (2009). Communication between the parties should primarily be for legal and non-commercial advice. United States v. Davis, 636 F.2d 1028, 1044 (5th Cir.

1981) (if the lawyer “is not acting in the exercise of his legal duties. Records of these transactions are not privileged”). In addition, “privilege must be invoked affirmatively and cannot have been revoked.” Edna S. Epstein, The Attorney-Client Privilege and the Work Product Doctrine, ABA Section of Litigation, 35 (3rd edition 1997). Specifically, solicitor-client privilege recognizes that sound legal advice depends on the client fully informing lawyers. The purpose of this privilege is to encourage a client to provide the lawyer with all relevant information and to protect the advice throughout the client relationship. Otherwise, the client would be reluctant to hire a lawyer. The Texas Supreme Court has ruled that the raison d`être of “privilege is to ensure the free flow of information between attorney and client, which ultimately serves the broader societal interest of an effective administration of justice.” Republic Ins. Co.

v. Davis, 856 pp.2d 158, 160 (Tex. 1993). Neither the client nor the lawyer may be compelled to disclose such communications against the client`s will. Tex. Evid. R. 503(b)(1) (2009). The elements required to establish solicitor-client privilege are as follows: The table below shows the main similarities and differences between English and American lien law, as well as practical advice on legal privilege and document protection. There are two types of solicitor-client privilege, both of which require that the communication or document in question be confidential.

The privilege also applies if a document proves privileged communication in whole or in part. This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended and should not be construed as legal advice. Click on the image below to open our client guide to solicitor-client privilege in English law with a decision tree and practical advice on maintaining privilege. The decision tree also contains links to more detailed notes on the topics covered. Alternatively, more detailed information can be viewed directly from this page via the links below the image. (1) Litigation Privilege – This applies if, at the time of preparation of the communication or document: Our Essential Guide to Legal Privilege: English and American Perspectives focuses on: Texas courts have long recognized solicitor-client privilege at common law and codified it as early as 1879. Tex. Crim Code. 733 (1879). Most recently, Texas Evidence Rule 503 was amended by the Texas legislature in direct response to a Texas Supreme Court decision.

National Tank Co. v. Brotherton, 851 S.W.2d 193, 197-198 (Texas 1993). The 1998 amendment introduces an “occupational test” for a company`s privilege and expands this privilege to cover a larger number of employees. In addition, Rule 503 provides that the client has the privilege to refuse disclosure and to prevent the lawyer and his representative from disclosing confidential communications made for the purpose of obtaining legal services. Tex. Evid. R.

503(b) (2009). Any person engaged by the lawyer to assist him in the provision of legal services is considered to be his representative. Tex. Evid. R. 503(a)(4)(A) (2009). When communicating with public relations and crisis management firms: A lawyer cannot knowingly disclose confidential information of a client or former client to a person from whom the client has requested not to receive the information or to anyone else. Tex..