The Fine Line of In-house Privilege

Some good news for in-house lawyers – you can wear several hats in your business (and have some skin in the game), and still be sufficiently independent to attract legal professional privilege.

But as Leneen Ford at Norton Gledhill notes, there are still a few steps you should take to avoid losing confidentiality of documents or communications.

Here’s her take on Associate Justice Daly’s view of the issue more broadly:

“at one end of the spectrum are lawyers who report to the general counsel in an autonomous legal department, whose contracts refer to the lawyers’ independence and who act without any regard to the business operations of the company. At the other end are in-house lawyers who also act as key decision-makers within the business. In many cases, in-house lawyers will fall somewhere between the two.”