The importance of attorney-client privilege is underlined, underscored, and otherwise emphasized throughout the journey of law student to lawyer. Through professional responsibility courses and the MPRE exam, the particulars of protecting the confidentiality of communications between an advocate and client is given utmost importance. So, how does it apply to in-house counsel?
The in-house attorney provides a unique case for delineating privilege because general counsel is often also considered to be part of the business team of the company. GC’s often balance dual roles, denoted by their titles that include “Vice President”, “Secretary”, or “Director” in addition to their legal capacities.
To determine and preserve privilege when possible as your company’s in-house counsel, consider the following 3 questions with every communication you initiate, respond to, or are copied on:
Related Resources:
- In House Counsel and
- the Attorney Client Privilege (FindLaw)
- Attorney-Client
- Privilege and the In-House Counsel (Robins, Kaplan, Miller & Ciresi
- L.L.P.)
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