Privilege and in-house counsel - Tips to ensure privilege applies

Key Points:

The challenges for in-house counsel are to ensure privilege attaches – and stays attached.

With organisations increasingly relying on their in-house legal teams, and in-house counsel taking on more commercial responsibilities, it has never been more important to understand how legal professional privilege applies to work performed by in-house counsel.

This is the first in a two-part article on legal privilege, with a focus on tips for in-house counsel. In this first part, we outline the principles governing legal privilege (particularly in the case of in-house advice), and give some practical tips for establishing privilege in communications between an organisation and its in-house legal team.