Andrew Turnbull spoke to Legal Dive about attorney-client privilege for in-house counsel weighing in on mixed-context discussions.
According to Andrew, given the ambiguity with some circuit courts applying a primary-purpose test and others applying what amounts to a significant purpose test, a best practice for in-house counsel wanting to protect privilege is to assume the communication must meet the primary purpose.
"That is the most prudent, safest approach," Andrew said.
That can be straight-forward if your organization is conducting an internal investigation or audit by requiring at the start that all communications be conducted in a channel set up by in-house counsel.
"You can put that in your [channel] that this is for the purpose of providing legal advice," Andrew added.
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Originally published by Legal Dive
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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