Many inside counsel–most of whom also have a role on the business side–strive to preserve their legal advice on the grounds of attorney-client privilege. The privilege serves as the foundation upon which the relationship of trust with our clients is built. It provides our management teams with the assurance that they can explore with their inside counsel the various legal options that are available to them in total confidence.
Should we be trying to protect every document we create? That seems unrealistic in light of the joint legal and business roles that many inside counsel perform.
