It’s one of those calls attorneys hate to get. An angry client complains that the amount billed was too high and that the work performed wasn’t worth what was charged. Or, worse, the client calls to complain about the recommended approach to a matter—or suggests that a mistake was made. For many attorneys, calls like these could prompt a call to the firm’s in-house counsel or other risk manager. But how to do so in a way that preserves the law firm’s privilege?

Earlier this decade, there were several high-profile decisions in states like Georgia and Massachusetts examining the extent to which law firms enjoy the protections of the in-house privilege. The complicating factor, according to courts, was that if a law firm is seeking internal advice about an ongoing client factor, there may be a conflict of interest between the law firm’s interests and the client’s interests. Indeed, some critics maintained, if a lawyer is seeking legal advice internally while a client representation is ongoing, is it possible that the lawyer is thinking about his or her own interests before the client’s? However, most jurisdictions have soundly resolved this issue in favor of law firms to protect their privilege with their in-house general counsel—with some parameters and caveats.