26.23 - 1. Requirement To Notify Board

JurisdictionNew York

1. Requirement to Notify Board

Sometimes, a corporation will invite its in-house or outside attorney to sit on its board of directors. This creates separate privilege issues. As an initial matter, the ABA and New York require that an attorney selected to sit on a board of directors “disclose to the client the risk of loss of the attorney-client privilege.”3790 Preferably, this should take place prior to the attorney joining the board and in writing.3791

The issue of legal versus business advice described...

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