The Vermont Statutes Online
The Vermont Statutes Online does not include the actions of the 2024 session of the General Assembly. We expect them to be updated by November 1st.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 12 : Court Procedure
Chapter 061 : Witnesses
Subchapter 001 : Qualifications, Privileges, and Credibility
(Cite as: 12 V.S.A. § 1613)-
§ 1613. Lawyer-corporate client privilege
Communications otherwise privileged under Rule 502 of the Vermont Rules of Evidence are privileged with respect to a corporation only if the representative client is a member of the control group of the corporation, acting in his or her official capacity. However, if the communications are with a representative client who is not a member of the control group, such communications are privileged only to the extent necessary to effectuate legal representation of the corporation. For purposes of this section, “control group” means:
(1) the officers and directors of a corporation; and
(2) those persons who:
(A) have the authority to control or substantially participate in a decision regarding action to be taken on the advice of a lawyer; or
(B) have the authority to obtain professional legal services or to act on advice rendered pursuant thereto, on behalf of the corporation. (Added 1993, No. 85, § 4b, eff. Jan. 1, 1994.)
