United States:
The In-House Attorney-Client Privilege
22 May 2014
Bradley Arant Boult Cummings LLP
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It's simple—the attorney-client privilege protects
from discovery communications between a client and his or her
lawyer. It's challenging—the privilege applies to
communications between (some) corporate representatives and outside
counsel, depending whether federal or state privilege law applies;
and if state law, which state. It's convoluted—the
privilege protects communications between (some) corporate
representatives and in-house counsel, but only if U.S. law applies,
the issue arises in an advantageous jurisdiction, and in-house
counsel satisfy a heightened burden, prove the communication arose
in a legal (rather than business) capacity, and the company
employee did not waive the privilege by inappropriately
disseminating the communication.
Read or download the article.
Republished with permission. This article first appeared
in In-House
Defense Quarterly, Winter 2014 Issue.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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