Miranda Reading to Companies (Upjohn Warning)

• Author: Judson W. Starr/Amy J. McMaster/John F. Cooney/Joseph G. (Jerry) Block/David G. Dickman
• Pages: 463-463

Page 463

Sample Upjohn Warning

I am a lawyer from Corporation A. I represent only Corporation A, and I do not represent you. I am conducting this

interview to gather facts in order to provide legal advic e for Corporation A. is inter view is part of an investigation

to determine the facts a nd circumstances of X in order to advise Corporat ion A how best to proceed.

Your communications with me are protected by the attorney-client privilege But the attorney-client privilege belongs

solely to Corporation A, not you. at means t hat Corporation A alone may elect to waive the attorney-client privi-

lege and re veal our discussion to thi rd parties. Corporation A alone may decide to wai ve the privilege and disclose

this discu ssion to such thi rd part ies as federal or state agencies, at its sole discret ion, and without notif ying you.

In order for an intervie w such as this to remain privile ged, it must be kept condential. To help keep this interview

condential, the Company a sks you not to disclose the substance of it to any third pa rty, including other employees

or anyone outside of the company. You may of course discuss this inter view with your own lawyer.

Do you have any questions?

Are you willin g to proceed?