How should attorneys prepare for interviews with corporate officers or directors in California?

Obtaining consent for the interview is essential when attorneys prepare to speak with corporate officers or directors. This requirement stems from the obligation to respect the attorney-client privilege and the corporate structure. When dealing with a corporation, it is crucial to understand that the company itself is the client, rather than individual officers or directors. An attorney must ensure that any communications are authorized and that the individuals being interviewed have the proper consent to speak on behalf of the corporation.

In California, this means determining whether the corporate representative can share information without the corporation's explicit consent, particularly if the subject matter could relate to potential claims against the corporation or if the discussions might intersect with the corporate’s interests. By obtaining consent, the attorney protects both the corporate internal matters and themselves from issues related to unauthorized communication, ensuring compliance with ethical obligations. This preparation not only fosters trust and clear communication but also helps in mitigating any legal risks associated with the interview process.

Other options do not adhere to these ethical guidelines: conducting interviews without consent could lead to breaches of privilege; notifying the media in advance does not align with the confidentiality expected in these discussions; and conducting interviews in public spaces may compromise the sensitive nature of the information being discussed, negating the professionalism expected in such corporate engagements.