In-House Counsel Depositions: Navigating Complex Privilege Issues

Description

Depositions of in-house counsel have become routine in business litigation, giving rise to complex questions regarding conflict of interest and the attorney-client privilege. These issues arise primarily from the in-house attorney’s dual role as legal and business advisor to the corporation.

To increase the likelihood of success in asserting the attorney-client privilege in future litigation, in-house counsel should carefully distinguish legal services from business advice in routine work matters and clearly indicate when they are acting in a professional legal capacity.

Further, once litigation has ensued, in-house counsel must make strategic determinations regarding which communications are potentially privileged and whether and how to invoke the privilege to protect those communications.

Listen as our panel of experienced business litigators explains how in-house counsel can distinguish between discoverable facts and privileged communications and between business advice and legal advice. The panel will also provide strategies for supporting the application of the attorney-client privilege to certain communications.

Outline

1. Business advice versus legal advice
2. Discoverable facts versus privileged communications
3. Proving that attorney-client privilege applies to certain communications
4. Preparing in-house counsel for depositions

Benefits

The panel will review these and other key questions:

• What steps can in-house counsel take to attempt to preserve the attorney-client privilege in certain communications?
• What are the limitations of the attorney-client privilege?
• How can in-house counsel distinguish between discoverable facts and privileged communications?
• How can in-house counsel best distinguish between business advice and legal advice?
• How can in-house counsel prepare to address the privilege issues that will arise during depositions?

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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