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An in-house attorney is interviewing a mid-level employee during an internal investigation into possible accounting fraud. Before asking substantive questions, what must the attorney clarify to protect the company's privilege and avoid ethical problems?

That the attorney represents the corporation, not the employee, and the corporation controls the privilege That the attorney personally represents the employee and will keep the conversation confidential from management That the employee must waive all rights to counsel before speaking That the conversation is automatically privileged regardless of who controls it

Correct Answer:

That the attorney represents the corporation, not the employee, and the corporation controls the privilege

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