1109

The report has two different opinions by the attorney. The first is her opinion to the corporation that the dumping appears to be illegal. This is privileged. Advice of an attorney in response to communications by a client is usually privileged. However, the second opinion is that they employees should be instructed not to talk to EPA investigators. This advice is not privileged, because it was not intended to be kept confidential. The attorney would contemplate that the employees would tell the EPA that they had been instructed not to answer questions.

Questions? Email tanford@indiana.edu, and refer to 1109.

If the EPA files suit against the corporation and seeks in discovery the names of the employees questioned by the attorney, whether the attorney promised the employees confidentiality, and who paid the bill, are any of these matters privileged?
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