Litigation: Preventing or Limiting In-house Counsel Depositions

What was once considered a rarity has now become a trend: parties increasingly seek to depose in-house lawyers. And while courts once viewed the corporate client–in-house attorney relationship as inviolable, those opinions are eroding.

The thought of an in-house lawyer sitting for a deposition raises legitimate concerns of violating ethical mandates, waiving the attorney–client privilege, and disclosing work-product or proprietary information. The questions become what proactive efforts can in-house lawyers implement to reduce the chance of being deposed, and what reactive measures should in-house and outside counsel employ upon receipt of a subpoena or notice of deposition.

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