Under the California Evidence Code, when does attorney-client privilege apply to corporate employees?

The application of attorney-client privilege to corporate employees is guided by the principle that the privilege exists to protect communications made for the purpose of seeking legal advice. Under California Evidence Code, the privilege applies to corporate employees when they are acting on behalf of the corporation and communicating with the attorney for the purpose of obtaining legal counsel.

This aligns with the rationale that the privilege covers communications made in the interest of the corporation. When an employee, even if they are not an executive, seeks or receives legal advice concerning corporate matters in their capacity as an employee, the communications are protected under the attorney-client privilege. This protection allows the corporation to consult with legal counsel freely, which is essential for its functioning and legal compliance.

The other options do not accurately reflect the scope of the attorney-client privilege as it pertains to corporate employees. For example, asserting that it only applies to executives misunderstands the collective nature of corporate representation and legal risk management. Similarly, suggesting that privilege always applies to any communication disregards the requirement that the communication must be made for legal advice. The notion that awareness of potential liability is necessary conflates attorney-client privilege with the duty to report and does not reflect the foundational principle of seeking legal counsel as the basis for the privilege.