When in-house counsel gives legal advice mixed with business advice, their two roles open themselves up to potentially discoverable communications. Although, at least in the United States, in-house attorney-client communications are privileged, the communications must be "legal" in nature. Unfortunately for counsel, courts do not agree on what constitutes a legal communication – particularly when the communications have a mixed purpose. Under the current state of confusion, the uncertainty many in-house lawyers have about whether they are speaking or writing too much is understandable. At long last, the Supreme Court seems poised to add some clarity to the situation.
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