INTERNAL BANK COMMUNICATIONS - PROTECTING THEIR CONFIDENTIALITY

Bank officers experienced in credit initiation, credit evaluation, and workouts of major loans work within the constraints of two competing pressures: (1) the need for a written record of a credit relationship so that matters may be reported, evaluated, and decided on in a frank and open manner; and (2) the need, in the event of litigation, to avoi d the discovery and distortion by adversaries of the confidential and sensitive communications that may form a part of this written record. The author discusses the law governing discovery of confidential bank documents and tells bankers and their counsel how to protect privilege d material.