In In re Freeway Foods of Greensboro, Inc., Bankr. No. 10-11282, Adversary No. 10-02057, (Bankr. M.D.N.C. Apr. 24, 2014), the court held that communications between company personnel, the CEO and the Chairman, and the company’s general counsel, Waller, were privileged, despite the fact that Waller did not hold an active license to practice law.  In North Carolina, when a “client” reasonably believes that he is dealing with an attorney, the attorney-client privilege should apply, even if the client is mistaken.  The court held that privilege applied in this case.  The court found that both the CEO and the Chairman reasonably believed that Waller was an attorney and both viewed their conversations with Waller to be privileged.  In addition, outside counsel understood Waller to be an attorney, and Waller displayed a law school diploma and bar certificate in his office.  The court explained that the attorney has the primary obligation to ensure that he is properly practicing law, and failure to do so will not be held against the client where the client reasonably believes its counsel is, in fact, an attorney.