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

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

A live 90-minute CLE video webinar with interactive 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.

Thursday, February 2, 2023

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 6, 2023

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.

Description

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.

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Outline

  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

Benefits

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?

Faculty

Ingram, Kimberly
Kimberly M. Ingram

Attorney
Bradley Arant Boult Cummings

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

Additional faculty
to be announced.
Attend on February 2

Early Discount (through 01/06/23)

Cannot Attend February 2?

Early Discount (through 01/06/23)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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