In-House Counsel Communications: Protecting Attorney-Client Privilege and Work Product With Employee Statements

Description

In-house counsel are frequently required to become involved in business decision-making, programs, and initiatives, in addition to serving as trusted legal advisors for their clients. The in-house counsel’s dual role as legal and business adviser to the corporation raises complex legal questions regarding the attorney-client privilege and potential conflicts of interest. Once an internal investigation, or a government inquiry, or civil litigation ensues, these and similar privilege questions and related issues become very immediate and very important to resolve, so the corporation can adequately protect and properly assert the privilege in the matter.

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

Once litigation (or a full-blown government inquiry or investigation) ensues, in-house counsel and any retained outside counsel must make strategic, informed decisions regarding which communications are potentially privileged and whether and how to invoke the privilege to protect those communications.

Listen as our panel of experienced practitioners explains counsel can distinguish between discoverable facts and privileged communications--and between business advice versus legal advice—with an eye towards protecting and preserving the privilege whenever possible. The panel will also provide strategies for supporting the application of the attorney-client privilege to certain communications.