While the management of attorney-client privilege is not strictly a matter of ethics, I decided to dedicate two columns to that topic as it’s widely misunderstood by in-house counsel and their business partners. If you and your in-house colleagues are not proficient in this dynamic subject, then you are underserving the organization and likely compromising your company’s investigations and litigation.
The best evidence of this knowledge gap is recent case law where courts have been forced to remind us of the following fundamental points:
