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Evidential and Legal Professional Privilege issues when drafting Board Minutes

Director Factsheets

This Director Factsheet is courtesy of McCann FitzGerald

When drafting minutes of a meeting, particularly a meeting of directors or committee of directors, it is important to bear in mind that those minutes may, at some point in the future, be produced to an opponent in litigation as part of a request for discovery or may be introduced in evidence in the course of a trial. This briefing considers two important points in this regard: the first is the treatment of privileged content within minutes of meetings. The second addresses the steps that must be taken for the formal minutes of meetings to be treated as evidence in civil and criminal trials.