In House Counsel and Protecting Attorney Client Privilege in Investigations and Litigation

Strafford Webinars



Thursday, February 11, 2021
1:00 PM-2:30 PM EST

This CLE webinar will prepare in-house counsel to protect confidential business communications during investigations, discovery, depositions, and litigation through the proper exercise of the attorney-client privilege. The panel will discuss issues that arise regarding business advice versus legal advice, discoverable facts versus privileged communications, proving the applicability of attorney-client privilege, and other essential matters to assist in-house counsel.

The in-house attorney's dual role as a legal and business adviser to the corporation raises complex legal questions regarding conflicts of interest and the attorney-client privilege. A recent court decision illustrates the vulnerability of the attorney-client privilege, solidifying that certain exceptions to the privilege can override the confidentiality of business communications in certain circumstances.

To increase the likelihood of success in asserting the attorney-client privilege in investigations, discovery, depositions, and future litigation, in-house counsel should carefully distinguish legal services from business advice in routine work matters. Counsel must also clearly indicate when acting in a professional legal capacity.

Once litigation has ensued, in-house counsel must make strategic determinations regarding which communications are potentially privileged and whether and how to invoke the privilege to protect those communications.

Listen as our panel of experienced practitioners explains how in-house counsel can distinguish between discoverable facts and privileged communications--and between business advice and legal advice. The panel will also provide strategies for supporting the application of the attorney-client privilege to certain communications.

The panel will review these and other notable issues:

  • What steps can in-house counsel take to attempt to preserve the attorney-client privilege in certain communications?
  • What are the limitations of and exceptions to attorney-client privilege?
  • How can discoverable facts and privileged communications be distinguished?
  • What are the best practices for in-house counsel to make distinctions between business advice and legal advice?
  • How can in-house counsel prepare to address the privilege issues that arise during depositions?

Other Speaker(s)

Kenneth E. McKay (Baker Donelson)

Kan M. Nawaday (Venable)