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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Tag Archives: legal advice

Confidential Communications With In-House Counsel Are Not Always Privileged

Posted in Attorney-Client Privilege

Next to a person’s Fifth Amendment right to remain silent, the attorney-client privilege is probably the most well recognized legal doctrine out there. Nevertheless, there are many nuances surrounding the privilege about which even seasoned lawyers are not very familiar. One of these deals with the fact that not all private communication between an attorney and… Continue Reading

Corporate Individual Creating a Privileged Communication May Not Control Waiving It

Posted in Attorney-Client Privilege, Confidentiality

While companies, like people, are entitled to protect privileged communications with their counsel, companies only can act through individuals. So what happens when the former CEO wants to disclose a privileged communication he had with his company’s corporate counsel? As SEC v. Present highlights, if the company does not want that communication disclosed, the former… Continue Reading

In-House Counsel and the Attorney-Client Privilege

Posted in Attorney-Client Privilege, Privacy & Data Security

Because the role of most in-house counsel goes well beyond that of providing legal advice, whether communications with in-house counsel are privileged is a much more nuanced issue than it is with respect to communications with outside counsel. General Principles Applicable to all Claims of the Privilege 1.  Not all communications with attorneys are privileged; only communications for the purpose… Continue Reading