Attorney/client privilege

Started by SheilaH5 • 5 replies • 1443 views

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SheilaH5 (Florida)
Posts: 12

Posted:

Is attorney/client privilege still in effect if any member of the management company is present?

Not only does the Board meet with the attorney and the PM takes notes, but they also Skype and all members of the office staff can hear what is going on.

Can members of the management company be deposed in a suit by a third party?

Thanks for your help.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Shelia,

I'm not an attorney and I do not work in the legal profession.

My understanding is that anyone relevant to the case/issue can be called to testify and/or deposed in the pretrial process if the proper paperwork is submitted.

As for who is or is not considered a third party when meeting with an attorney, you will likely need to ask an attorney.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Shelia

The management company works for and does as the BOD directs.

Off the top of my head, if the legal matter was pertaining to the entire association then I would more then likely want our management company to be part of the discussions so they understand what is going on.

Does the management company have to be present when the BOD meets with their atrtorney? No.

Could you be a bit more specific about your concerns?

Thanks

GlenL (Ohio)
Posts: 5,491

Posted:

In my humble and not legal opinion and from watching way too many legal dramas on TV - no. Attorney/client privilege is between the attorney and the client (the Board) it disappears when third parties are brought in.

Studies show that 5 out of 4 people have problems with fractions

CarolR11 (Colorado)
Posts: 2,563

Posted:

I cannot explain "why" or "how" in the legal sense, but our two PM staffers were involved in all of our meetings with the attorneys & Board for our construction defect lawsuit and attorney/client privilege was not compromised. We (the Board) had 45 special executive sessions over 2-1/2 years during the legal process and I promise you that as Board Sec'y I would never have been willing to take minutes.

We (the Board) wouldn't have been able to proceed without all of the clerical work done by our staff. This included placing written materials into 30 bankers boxes for the attorneys to examine at their offices. We directors would NOT have been willing to do this. Since these staffers were involved, I assume that they could have been deposed. We settled out of court.

SheilaH5 (Florida)
Posts: 12

Posted:

I guess this is a legal question. I was under the impression that if anyone is present with the client, that would break attorney /client privilege and they could be deposed.
This does pertain to the entire association. It is my understand, according to Florida 720, when a question is asked at a Board meeting and an officer states they will check with the attorney, they are required to come back with an answer.

This has been a long drawn out battle by the Board trying to get rid of one provider and replacing them with another.

We were deeded (after 10 years) which is now about 8 1/2 years, a fiber optic infrastructure which
goes to each home.

Now the BOD wants to sign a contract with a provider and turn over the infrastructure to them.
We’re talking about over 3 million. This company will buy the loan from the bank that the first
company took out to build this. They are only amending the contract, not writing a new one and
in that contract, this infrastructure is deeded to us. The attorney said not to give the new company
the infrastructure, so they fired him and got a replacement.

This BOD never heard of the word transparency.

I think the first company will sue the BOD and get an injunction to have this stopped.
This whole thing is so convoluted that it would take pages and pages to explain it in full.

Since I have a feeling the first company will bring suit, I wanted to know about the PM and others in the office.

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