Privilege Perils for In-house Counsel

"For corporate counsel of an organization that regularly provides business and legal advice, navigating the nuances of the attorney-client privilege can be confusing.

"The attorney-client privilege is one of the oldest evidentiary privileges and protects against disclosure of confidential communications between an attorney and the client. The purpose is to 'encourage full and frank communication between attorneys and their clients.' However, because this privilege runs afoul of the general duty to disclose, it is narrowly construed. For corporate clients, whether the privilege applies to a communication will depend on both the context and jurisdiction in which the communication is made, as state and federal courts use different analyses to determine whether a communication falls within the purview of the privilege."

Association of Corporate Counsel Chicago has published the above article by Dinsmore attorneys Anna Morrissey and Thomas Drennan. To read it in full, click here.