Shielding Defense & Space R&D Meetings: Attorney-Client Privilege
When defense and space companies brainstorm new tech, tough legal questions come up fast:
Could this trigger export control issues?
Does it fall under restrictions on autonomous weapons or dual-use satellites?
What liability could we face if our tech is deployed in armed conflict?
These conversations should be candid. But without an attorney, here’s the risk:
1️⃣ NDAs provide contractual confidentiality, but courts can still force disclosure in litigation.
2️⃣ No ethical duty of confidentiality. NDAs aren’t enforced by professional ethical rules.
3️⃣ Legal blindspots. Without counsel, teams may overlook when an R&D path crosses into ITAR/EAR or Law of War compliance, missing critical early warnings.
With an attorney, it’s different. A private Law of War attorney can:
Establish attorney-client privilege, which prevents sensitive discussions from coming out in court.
Provide confidentiality through a professional ethical duty.
Flag federal and international legal issues early, helping you steer clear of compliance pitfalls before they escalate.
Now, privilege doesn’t mean putting a lawyer in every design session. It applies when you’re weighing legal risk and liability while seeking advice, which are the exact conversations you can’t afford to expose. It’s not about slowing down engineers.
Next time your defense or space company pushes R&D forward, protect your legal risk sessions with legal counsel.
Conflict Orbit is a private law firm focused on Law of War compliance and related national security issues.
South Carolina licensed – Office Address: 40 Calhoun St., Suite 250F, Charleston, SC 29401
D.C. licensed – Office Address: 1050 Connecticut Ave., Suite 500 #5029, Washington, D.C. 20036
Disclaimer: Conflict Orbit is a private entity. The views are informational (not legal advice) and those of Richard Waring in his private capacity. Viewing or responding to this post does not create an attorney-client relationship. There is no guarantee of results.