Using the exception – Attorney-client privilege and ERISA fiduciaries
Abstract: The attorney-client privilege allows an attorney and his or her client to communicate, in writing or electronically, knowing that those confidential communications won’t be released to opposing parties in the event of litigation. But what about when the communications are between an attorney and a qualified retirement plan fiduciary involving the day-to-day administration of an Employee Retirement Income Security Act (ERISA) plan? In this case, there’s an exception to the attorney-client privilege. This article explains the privilege and the exception.