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Google allegedly hid documents from search monopoly lawsuit, DOJ claims:
Google employees have been improperly using attorney-client privilege to hide documents from discovery in litigation and government investigations, according to fresh allegations laid by the US Justice Department (DOJ).
"Google has explicitly and repeatedly instructed its employees to shield important business communications from discovery by using false requests for legal advice," DOJ attorneys wrote in a court filing for its search monopoly lawsuit against Google.
According to the court filing [PDF], Google taught employees to slap an attorney-client privilege label and generic "request" for counsel's advice label on any sensitive business communications that Google might wish to shield from discovery. Slapping these labels onto communications prevents them from being provided for discovery in litigation.
This practice has allegedly been used throughout all levels of Google's hierarchy, with the DOJ claiming Google parent company Alphabet's CEO Sundar Pichai copied Google chief legal officer Kent Walker onto an email to YouTube CEO Susan Wojcicki about how to respond to a press inquiry, with "Attorney Client Privileged" at the top.
In these "camouflaged" communications, the attorney allegedly remained silent on a frequent basis, which the DOJ claims underscored that these communications were not genuine requests for legal advice but rather "an effort to hide potential evidence".
(Score: 0) by Anonymous Coward on Friday March 25 2022, @08:18AM
To answer your questions:
No, Lawyers are lawyers not oracles.
No, because you aren't asking for their legal opinion. (Maybe, but only if you are actually asking for advice)
Yes, in court documents, lawyers can only say facts that they reasonably believe they are true and make legal arguments in good faith.
They already do that.