Document Category: Legal
State: Tennessee
Subject Matter: Attorney -Client Privilege Presentation - In-House & Outside Counsel
Document Title: W. Legal Ethics:Attorney-Client Privilege for In-House and Outside Corporate Counsel
Comments:

Legal Ethics: Attorney–Client Privilege for In-House and Outside Corporate Counsel1

Todd Presnell

Bradley Arant Boult Cummings LLP

Nashville, Tennessee

tpresnell@bradley.com

It’s simple—the attorney–client privilege protects from discovery communications

between a client and her lawyer. It’s challenging—the privilege applies to communications

between (some) corporate representatives and outside counsel, depending whether federal or

state privilege law applies; and if state law, which state. It’s convoluted—the privilege protects

communications between (some) corporate representatives and in-house counsel, but only if U.S.

law applies, the issue arises in an advantageous jurisdiction, and in-house counsel satisfy a

heightened burden, prove the communication arose in a legal (rather than business) capacity, and

the company employee did not waive the privilege by inappropriately disseminating the

communication.


Document Author: Todd Presnell
Firm/Company: Bradley Arant Boult Cummings LLP
Document Date: February 22, 2017
Search Tags: privilege, work product, attorney, in-house, evidence
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