Month: August 2019

Three Common Myths about HR and the Attorney’s Role

Most people understand the attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. This rule encourages transparency and allows an attorney to provide effective representation. But, not everyone understands that there are limitations and that the rule may be applied differently depending on a specific situation.

The attorney-client privilege rule can be especially complex in the world of human resources. There are some common misconceptions among employers. The following can help clear up some of the confusion.

Myth Since the head of our HR department happens to be an attorney, any of her notes from internal investigations will be protected.

Reality – Not exactly. Employers sometimes believe that having an attorney as the head of their HR department will protect their internal investigations from being disclosed. However, the privilege only applies to confidential communications between attorneys and their clients made for the specific purpose of obtaining or providing legal advice. This rule can not be applied to documents that were created in order to comply with a company’s policy or procedure. So, there is a chance that internal documents prepared by the HR department may be disclosed during litigation procedures.

Myth – My company has taken the appropriate steps to ensure that HR issues within the company will not become public knowledge.

Reality –Probably not. While thorough planning is essential and can certainly help limit your company’s liability, it still can’t guarantee that any documents created during an internal investigation will remain private. You’ll want to keep that in mind while creating all communications. Information from interviews that took place during a discrimination or harassment investigation could very well be considered ‘discoverable’ should there be a subsequent lawsuit.

Myth – Since my company has invested in knowledgeable and experienced HR professionals, hiring an outside attorney is unnecessary.

Reality – The best way to protect against legal claims is to hire a lawyer. Employers should keep in mind that discrimination and harassment suits are on the rise. But, when you hire an attorney for the specific purpose of providing legal counsel surrounding HR concerns, then all those communications between your company and lawyer would not be allowed to be disclosed.

The relationship between an employee and employer is heavily regulated and often difficult to navigate. Employment attorneys can help make sure you are in compliance with state and federal laws and often stop matters from escalating. To learn more about how an attorney can help protect your company’s best interest, visit https://epiphanylaw.com/contact-us/

Sarah Coenen, Employment Attorney

About the Author

Sarah M. Coenen is an experienced business attorney with Epiphany Law. She focuses her practice on employment services including: non-competition agreements, employee handbooks, hiring and termination. Sarah enjoys educating and empowering her clients to help them achieve their personal and business goals.

Key Benefits of Outsourced General Counsel

Put simply, Outsourced General Counsel is an extension of your team. Like an in-house general counsel, an outsourced general counsel is a business’ chief lawyer or legal advisor. And other than the fact they don’t typically work ON the premises of your business, an outsourced general counsel really owns the same duties and responsibilities of an in-house counsel. Those duties and responsibilities include (but are not limited to) the identification and oversight of all legal issues across the company and its various departments, as well as the provision of key advice to the business’ key decision-maker

This proactive approach to the law solves business’ needs  by providing a cost-effective solution. It’s a way to have an experience closer to the in-house model while also getting a broader knowledge base.

Some of the key reasons to consider outsourcing your general counsel include:

  • Fixed Budget and No Surprise Legal Bills – your business’ legal budget for next year does not need to be a guess. When outsourcing your general counsel, you know, with certainty, what you will spend next year on legal services.
  • Responsive Service – Your outsourced general counsel will become an integral part of your team. Fr example, contracts can be reviewed before signed, HR questions can be discussed, and HR policies would always be up to date in one flat rate.
  • Proactive Risk Management – Imagine having your attorney on speed dial, for answers to issues before they become problems. Imagine being proactive rather than reactive. Being proactive ultimately saves time and money.

Typically clients who utilize these services develop a close relationship with one attorney but have access to all attorneys in the firm to handle specialized needs. The close relationship ensures priority service and the backing of the firm ensures broader expertise.

An outsourced general counsel will protect your company and ensure your business is staying on the right side of the law.

If you have questions or would like to learn more, you can contact us here. 

 

About the Author

Attorney Kevin Eismann

Kevin Eismann

Kevin is the founding partner at Epiphany Law, LLC. He enjoys building comprehensive strategies with his clients that allow them to reach their personal and business goals. Kevin has been providing business owners practical, cost effective solutions since for over 20 years.

 

Reasons to Outsource Your General Counsel

Put simply, Outsourced General Counsel is an extension of your team. Like an in-house general counsel, an outsourced general counsel is a business’ chief lawyer or legal advisor. And other than the fact they don’t typically work ON the premises of your business, an outsourced general counsel really owns the same duties and responsibilities of an in-house counsel. Those duties and responsibilities include (but are not limited to) the identification and oversight of all legal issues across the company and its various departments, as well as the provision of key advice to the business’ key decision-maker

Outsourced general counsel services solves business’ needs  by providing a cost-effective solution way to have an experience closer to the in-house model while also getting a broader knowledge base.

Some of the key reasons to consider outsourcing your general counsel include:

  • Fixed Budget and No Surprise Legal Bills – your business’ legal budget for next year does not need to be a guess. When outsourcing your general counsel, you know, with certainty, what you will spend next year on legal services.
  • Responsive Service – Your outsourced general counsel will become an integral part of your team. Fr example, contracts can be reviewed before signed, HR questions can be discussed, and HR policies would always be up to date in one flat rate.
  • Proactive Risk Management – Imagine having your attorney on speed dial, for answers to issues before they become problems. Imagine being proactive rather than reactive. Being proactive ultimately saves time and money.

Typically clients who utilize Epiphany Law’s outsourced general counsel services develop a close relationship with one attorney but have access to all attorneys in the firm to handle specialized needs. The close relationship ensures priority service and the backing of the firm ensures broader expertise.

An outsourced general counsel will protect your company and ensure your business is staying on the right side of the law.

Epiphany Law Welcomes Attorney Robert Macklin

Appleton, WI – Epiphany Law, LLC, is pleased to announce that Attorney Robert Macklin has joined the firm. The addition of Robert Macklin is due to the firm’s ongoing growth and commitment to provide valuable service offerings to its clients.

Rob brings over 20 years of experience advising clients of all sizes, both domestic and international on complex business matters. Serving as General Counsel to several successful private and public companies, in industries including manufacturing, medical, telecommunications, healthcare and consumer goods has given Rob knowledge on what a business needs to be successful. In addition, Rob took time from his legal career to serve with the US Navy as Part of Operation Iraqi freedom, running intelligence operations for SEAL Team 8.

Epiphany Law’s founder, Kevin Eismann said, “The volume and complexity of our transactional work continues to grow. Our clients can benefit tremendously from the vast business experience that Rob brings to the team.”

As an experienced lawyer, small business owner and Department of Defense certified interrogator, Rob’s diverse skill set can help business owners mitigate risks and promote business success. More specifically, Rob focuses on the areas of proactive law, commercial contracting, mergers and acquisitions, compliance and investigations, business processes, strategic governance and capital formation, and international law.

 

Attorney Robert Macklin

 

Rob earned his J.D. from the one of the top law schools in the country, the University of Chicago Law School and his undergraduate from UCLA. To learn more about how Rob’s expertise can benefit your business, please contact us.