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In-House Counsel Depositions: Navigating Complex Legal and Ethical Issues

Responding to Deposition Notices and Subpoenas, Protecting Attorney-Client Privilege

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, February 2, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide guidance for in-house counsel to minimize potential damage to the corporation when noticed or subpoenaed for a deposition. The panel will explain how the attorney-client privilege and other evidentiary privileges may be strategically asserted to protect confidential information.


Depositions of in-house counsel are routine in business litigation, giving rise to complex legal and ethical questions regarding conflict of interest and evidentiary privileges. These issues arise primarily from the in-house attorney's dual role as legal and business adviser to the corporation.

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

Further, in-house counsel must make strategic decisions regarding when and how to respond to deposition notices and subpoenas, including when to make a motion to quash such notices or request a protective order.

Listen as our panel of experienced attorneys explains how in-house counsel can avoid or limit personal or corporate liability exposure during depositions. The panel will discuss the application of the Federal Rules of Civil Procedure and key court decisions addressing the deposition of in-house counsel and will explain best practices for responding to deposition notices and subpoenas and protecting privileged information.



  1. Application of Federal Rules of Civil Procedure to depositions of in-house counsel
  2. Key court decisions impacting depositions of in-house counsel
  3. Best practices for responding to deposition notices and subpoenas
  4. Best practices for protecting privileged information


The panel will review these and other key issues:

  • What guidance do the Federal Rules of Civil Procedure and relevant case law provide regarding the deposition of in-house counsel?
  • How can in-house counsel prepare to address privilege issues that arise during depositions?
  • How can in-house counsel best distinguish between business advice and legal advice when responding to questions during depositions?
  • What are some effective tactics for in-house counsel responding to deposition notices or subpoenas?


Boone, Richard
Richard W. Boone, Jr.

Wilson Elser

Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both...  |  Read More

deGruy, Tiffany
Tiffany J. deGruy

Bradley Arant Boult Cummings

Ms. deGruy is a trial lawyer who has considerable experience trying high-stakes business and commercial litigation. She...  |  Read More

Ingram, Kimberly
Kimberly M. Ingram-Hogan

Bradley Arant Boult Cummings

Ms. Ingram focuses her practice on complex commercial and business litigation and appellate matters in state and...  |  Read More

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