The Art and Craft of Sending Document Copies to Legal Eagles: The Googley Method
April 1, 2022
Not joke. I read an allegedly accurate write up. It is called “Justice Department Accuses Google of Hiding Business Communications.” The idea is that in the US communications between a lawyer and his/her/them clients are privileged. I am not attorney, but the idea is to allow the lawyer to discuss sensitive issues with the his/her/them paying the bills.
The write up states:
The DOJ writes in its brief that Google teaches employees to request advice from counsel around sensitive business communications, thereby shielding documents from discovery in legal situations. Once counsel is involved, the company can treat the documents as protected under attorney-client privilege.
My view is that Google is just being “Googley.” When people who perceive themselves as entitled and really smart, those his/her/thems get advice from bright, often lesser individuals. The Googlers process the advice and when a suggestion measures up to Googzilla’s standards, the suggestion just sorta maybe becomes a way to handle certain issues.
Those who are Googley understand. Individuals who are not Googley — presumably like those in the Department of Justice — don’t understand the Googliness of the action.
Laws. Rules of the road. Those are often designed for the non Googley. The Googley must tolerate the others. But having the cash to throw legal cannon fodder in the path of the lesser lights who would do the Google harm is a useful tactic.
Stephen E Arnold, April 1, 2022