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What Environmental Consultants Need to Know about Attorney Client Privilege

Entry by JoeDerhake


Clients often engage us to do Phase I Environmental Site Assessments and/or Phase II ESAs through their attorney to maintain attorney client privilege.     At times, I have even advised clients to hire an attorney for this reason (as well as to get good legal advice).   If the work and communications are privileged, the client enjoys a lot of benefits.   However, from what I understand the attorney client privilege is often quite narrow and a lot of clients think that they have it when they don’t.    I came across this simple blog that explains some of the basics about attorney client privilege. 


The fact is that environmental consultants are asked to play lawyer all of the time and while we really need to tell our client to get a real lawyer, a little education on legal matters makes us better consultants. 


Phase I Environmental Site Assessment, Phase I ESA, Attorney Client Privilege, environmental consultant