Can a township employer withhold...
No. Michigan employers may not withhold a paycheck even if an employee (or former employee) has retained the employer’s property. The payc...
Read MoreOur Feed
We are involved in our communities, our profession, and our clients' associations and activities.
What is attorney-client privilege? Are communications subject to attorney-client privilege only if they contain an explicit notice notifying as much?
(1) What is attorney-client privilege?
Attorney-client privilege protects certain communications made between the Township and your Township attorney from disclosure to members of the public, hostile individuals or outside entities. Not all communications between the Township and the Township attorney are subject to attorney-client privilege. The communication must be intended to be confidential, and concern legal advice.
(2) Are communications subject to attorney-client privilege only if they contain an explicit notice notifying as much?
No. Township officials and employees receive a wide range of documents and correspondences from their trusted legal counsel during the course of performing their official functions and duties. A portion of those documents or correspondences, including legal opinions, memorandums, or emails, will include a prelude similar to the following: “CONFIDENTIAL CORRESPONDENCE SUBJECT TO ATTORNEY-CLIENT PRIVILEGE.” Regardless of whether explicitly noticed, the privilege attaches to any communication made to, from, or with your Township attorney intended to be confidential for the purpose of requesting or receiving legal advice.
Recent Articles & Announcements
-
-
Employees or Independent Contrac...
Townships of all sizes rely on workers to carry out basic governmental functions and keep the township running smoothly. Although larger tow...
Read More -
Can the Township enter into a co...
A Township can only enter into such a sales contract if the property is no longer being used for a public purpose. Michigan courts have defi...
Read More
Talk to an Attorney
Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
