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#1504142 - 02/02/11 09:01 PM SARs and Attorney Client Privilege
SnowRed Offline
Junior Member
Joined: Oct 2010
Posts: 42
East Coast
May a bank discuss a SAR with the Bank's attorney? In theory, the attorney is an extension of the bank in this case. I've been through the guidance and see only a little mention of an "agent" relationship. Thoughts?

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#1504281 - 02/03/11 12:23 AM Re: SARs and Attorney Client Privilege SnowRed
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 79,234
Galveston, TX
First question is why would it be necessary to inform an attorney before filing a SAR? You might talk to the attonery regarding certain legalities, but why would they need to know whether or not a SAR was being filed. That would be by far the safest approach. However, an attorney would most likely be considered an extension of the bank.
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#1504342 - 02/03/11 02:04 PM Re: SARs and Attorney Client Privilege rlcarey
ACBbank Offline
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ACBbank
Joined: Jul 2006
Posts: 4,169
New York City
We have outside consultants that just happen to be attorneys. At times, we will talk about the potential filing of SARs and SARs that have been filed just to get their opinion. OCC and IA has never had an issue with it.
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#1507754 - 02/09/11 09:55 PM Re: SARs and Attorney Client Privilege rlcarey
SnowRed Offline
Junior Member
Joined: Oct 2010
Posts: 42
East Coast
We wouldn't tell them prior to filing. It would be in a case where their may be some legal action against the perpetrator.

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