Dispelling Myths About When Attorney-Client Privilege Applies to Communications With In-House Counsel

The privilege attached to a conversation an executive has with in-house counsel is not always as clear as the privilege that attaches when an executive calls an outside counsel. Reasons include that the in-house counsel may have both legal and non-legal duties, communications may concern both legal and non-legal matters and unnecessary persons may be party to the communications. A recent program featuring Dechert partner Christopher S. Ruhland explored the nuances of the attorney-client privilege as it relates to communications with in-house counsel and debunked three common myths about the availability of privilege. See our three-part series on protecting attorney-client privilege and work product while cooperating with the government: “Establishing Privilege and Work Product in an Investigation” (Feb. 1, 2017); “Cooperation Benefits and Risks” (Feb. 15, 2017); and “Implications for Collateral Litigation” (Mar. 1, 2017).

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