Attorney-Client Privilege: Special Considerations for In-House Counsel

Are in-house counsel’s communications with their corporate clients any less entitled to the attorney-client privilege than outside counsel’s? In theory, no. But because in-house counsel serve joint legal and business functions at their corporations, their communications are more thoroughly scrutinized (and sometimes deemed not privileged) than those of outside counsel. 

Mintz Levin member Narges M. Kakalia explores the basic principles of  the attorney-client privilege as it applies to in-house counsel.  She also delves into some recent case-law regarding in-house counsel communications, and explores best practices for in-house counsel to protect that privilege.

Learning Objectives:

I.  Review the basic principles around privilege, including the basis and purpose of protection when privilege applies, questions to ask, and other considerations

II.  Grasp recent case law specifically addressing privilege and illuminate valuable lessons learned through court opinions and case studies

III. Practical tips on preserving privilege