Here's a memo showing how to ask your attorney for advice that you might want to keep confidential from OSHA and trial lawyers. In this example, a company wants its attorney opinion on whether the company's emergency response plan measures up to OSHA standards and, if not, what changes should be made. The attorney's response might point out current violations of OSHA standards by the company so the company would obviously like to keep it confidential. Using this memo will help the company invoke the attorney-client privilege. You can adapt the approach of this memo when seeking advice from your own attorney.

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MODEL MEMO
TO: In-House Counsel
FROM: Safety Director
DATE: [Insert date]
RE: Request for Legal Advice

Five years ago, Company XYZ prepared an emergency action plan setting out procedures Company officials and employees should take in the event of fires, hurricanes and other emergencies. The purpose of the plan is to protect workers and ensure compliance with OSHA Standard 1910.38.

The Company hereby requests that you, as in-house counsel and in your capacity as an attorney, offer a legal opinion as to the plan's validity. A copy of the plan is attached to this Memo.

Please review the document and write a written memorandum that includes a legal analysis of whether the plan meets OSHA requirements and, if not, what changes need to be made to bring it into compliance with Standard 1910.38.

Because the Standard requires employee training and an incident reporting system, I am also attaching a copy of the Company's training and incident reporting and response policies. Please advise if you need to hire any consultants, conduct a workplace evaluation or interview Company employees to complete your review.

Please direct all communications relating to your analysis of the emergency action plan to me. Please also mark all such communications "Protected by Attorney-Client Privilege."

Signed:

Chief Executive Officer

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