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Terms Used In Vermont Statutes Title 12 Sec. 1613

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

§ 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.)