Thompson Coburn partners John Kingston and Sonette Magnus authored an article published by the American Bar Association on the complexities of attorney-client privilege, several common pitfalls, and advice on how those can be avoided.
“Lawyers must be vigilant in distinguishing between professional legal communications and nonlegal, casual conversations. The intent behind each interaction should be clear,” they wrote. “Only those directly related to seeking legal advice are protected under the attorney-client privilege.”
John and Sonette detailed how to protect clients in internal investigations with Upjohn warnings, “Incorporating an Upjohn warning (named after the Supreme Court’s seminal 1981 decision) into the standard interview outline should be a standard practice for corporate counsel. An Upjohn warning advises the corporate employee that the lawyer is the company’s lawyer, explains that the company (not the employee) controls the privilege, and warns the employee to maintain and protect the confidentiality of the discussion.”
Original source can be found here.