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Communicate
Draft a privilege one-pager for non-lawyers
Produces a one-page privilege primer people will actually read: the two-condition rule, the four habits that break it, and privileged-versus-broken email pairs drawn from your company's real situations.
Your prompt
2
Pressure-test it
3
Go deeper
Before you run it
What to gather first
Watch for
What comes back
See an example of what you’ll get
Talking to Legal: How to Keep It Privileged
The rule, in one sentence. When you go to legal for legal advice and keep the conversation to the people who need it, that conversation is generally protected from being used against Fanstop later.
When it applies. Two things have to be true at the same time: (1) you are asking legal a legal question, not moving a project along, and (2) the conversation stays inside the group that needs it to get the answer. Lose either one and the protection goes.
*Example.* You DM J. Lin: "Before we ship the new attribution join, can you confirm our consent posture covers it for EU users?" That is a legal question, kept tight, and it is protected. Add four people from the platform channel because "they should see the answer" and you have put the whole thread at risk.
Four habits that break it.
1. Adding recipients. Every extra name is a risk. If someone does not need the answer to get you the answer, leave them off.
2. Mixing legal and business in one thread. "J, is this consent gap a problem? Also team, can we move the release to Thursday?" That email is now half a project update. Split the threads.
3. Forwarding. A protected email forwarded outside the group is a break in real time. Summarize instead: "Legal has looked at this; we are good to ship."
4. Asking in an open channel. A question to legal in #platform-eng is not a private conversation. DM or email.
Four pairs: same situation, two outcomes.
*Shipping a data-scope change*
- Protected: DM to J. Lin: "The new join sends purchase category to the retailer's ad partner. Does that fit our consent language?"
- Broken: Same question in #platform-eng, with the PM and two partner engineers tagged so they "stay in the loop."
*A retailer threatens to terminate after an incident*
- Protected: Email to J. Lin: "Northgate is threatening termination over the April incident. Can we walk through the contract?"
- Broken: Same email, cc'ing the CS leadership list, subject line "Can they sue us?"
*Writing a postmortem*
- Protected: "J. Lin asked us to write up the root cause for her legal assessment", with legal actually directing the write-up, and the doc kept in the restricted folder.
- Broken: Posting the same postmortem in the public engineering wiki with a "Privileged" header on top.
*The FTC inquiry*
- Protected: "J, the FTC document request seems to cover the 2023 pipeline diagrams. Which version should I be looking at?"
- Broken: Forwarding J. Lin's answer to your counterpart at the retailer as a courtesy. You have just handed a protected email to a third party.
Three things people get wrong.
- A "Privileged" label is not a force field. It helps at the margin. It does not rescue an email you sent to twelve people who did not need it.
- Copying a lawyer does not make an email privileged. If you would have sent the same email without J. Lin on it, it is not legal advice.
- Drafts count. A doc with legal's tracked changes in it is still a document. Do not park privileged drafts in shared folders.
If in doubt, ask before you send. It takes two minutes and it is never the wrong call.
Ask: J. Lin, General Counsel, Slack DM @jlin, legal@fanstop.com, +1-555-0142.
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*(For counsel, not for the distribution.)*
Assumptions I made. That legal here gives predominantly legal rather than business advice on these topics. If the team treats J. Lin as a product decision-maker, several of these examples are weaker than they read [verify]. That US privilege law governs the examples [safe for US staff]. That the postmortem example reflects how your engineering org actually documents incidents [verify].
Where this is weakest. The postmortem pair. It teaches that counsel-directed write-ups are protected, which is true only if legal genuinely directs the work and the document is handled accordingly. An engineer will read it as "add J. Lin's name and we are covered." Second: nothing here addresses your Irish and German staff, for whom the in-house rule is materially different. As written, this page teaches them something that is not true where they sit.
What only you can decide. Publish this as a standalone page people find when they need it (low friction, and nobody reads it until after the mistake) or make it the handout for a fifteen-minute live session per team, which produces real retention at real calendar cost and invites questions you may not want asked in a group. Separately: build the pairs from real internal incidents, which is far more memorable and will have people recognizing themselves, or keep them synthetic, which is safer internally and teaches less.
What would make this materially better. (1) One redacted real privilege break from your own company: it is worth more than all four synthetic pairs. (2) Confirmation of whether non-US staff are on the distribution, which decides whether this page needs a second version. (3) The list of who emails legal most, so the examples target the people actually generating the risk.
Why this prompt is built the way it is
## Framework
1. **One page, plain English.** Rule, four habits, four pairs, three corrections, one decision rule. Nothing else. Use "attorney-client privilege" once; everywhere else, say what it means: keep it between you and the lawyer.
2. **Two conditions, both required.** The communication is for legal advice, and it stays inside the group that needs it to get that advice. Lose either and protection goes.
3. **The four habits that break it.** Extra recipients, mixing legal and business in one thread, forwarding, and asking in an open channel.
4. **Pairs beat principles, and labels are not magic.** Same situation, privileged version and broken version, drawn from what this audience actually does. A "Privileged" header helps at the margin; copying a lawyer on a business email protects nothing. Close with "if in doubt, ask legal before you send" and a single name, channel, and number.