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Defining Attorney-Client Privilege For The Independent Contractor: A Case For The Functional Equivalent Doctrine In Washington, Benjamin J. Robbins
Defining Attorney-Client Privilege For The Independent Contractor: A Case For The Functional Equivalent Doctrine In Washington, Benjamin J. Robbins
Washington Law Review Online
Corporations increasingly rely on independent contractors to fulfill basic organizational needs. This increased reliance has created a number of legal issues, one of which is the level of privilege extended to communications between contractors and legal counsel for the contracting corporation. This issue is particularly relevant for corporations in the “gig economy,” like Uber, Lyft, and Postmates, which rely on independent contractors for fundamental business functions. Washington State courts have yet to decide whether independent contractors are entitled to attorney-client privilege regarding these conversations. Generally, Washington courts follow the U.S. Supreme Court’s “Upjohn rule,” which protects communications between corporate counsel …
Defining Attorney-Client Privilege For The Independent Contractor: A Case For The Functional Equivalent Doctrine In Washington, Benjamin J. Robbins
Defining Attorney-Client Privilege For The Independent Contractor: A Case For The Functional Equivalent Doctrine In Washington, Benjamin J. Robbins
Washington Law Review Online
Corporations increasingly rely on independent contractors to fulfill basic organizational needs. This increased reliance has created a number of legal issues, one of which is the level of privilege extended to communications between contractors and legal counsel for the contracting corporation. This issue is particularly relevant for corporations in the “gig economy,” like Uber, Lyft, and Postmates, which rely on independent contractors for fundamental business functions. Washington State courts have yet to decide whether independent contractors are entitled to attorney-client privilege regarding these conversations. Generally, Washington courts follow the U.S. Supreme Court’s “Upjohn rule,” which protects communications between corporate counsel …