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 advisers 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.

Because in-house attorneys have dual roles both as legal and business advisers to a company, that raises complex legal questions regarding the application and preservation of privilege. Contexts to be addressed in this presentation include mergers and acquisitions, internal investigations, board presentations, audit requests, shared services or affiliate representation, and the impact of international communications as well as routine communications in the course of daily business.

Listen as our panel of experienced practitioners explains how 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.