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Complimentary Attorney Client Privilege Checklist
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"Complimentary Attorney Client Privilege Checklist"
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Keep your communications privileged, and ensure that employees understand their role.

Attorney-client communications are not always privileged.  A key role of in-house counsel involves training employees to understand these limits.

For example:

  • If an in-house lawyer is not acting in his capacity as a lawyer, but rather in a business role, privilege will not attach.
  • Discussing legal issues in public (for example, in an elevator) may waive any existing privilege.
  • Failing to affirmatively assert privilege may result in waiver of attorney-client privilege.


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