Privilege and in-house lawyers: 10 tips for successful privilege claims

Key Points:

These 10 tips should help in-house counsel ensure legal professional privilege attaches – and stays attached.

Because in-house counsel are employed by their client, courts traditionally said that made it impossible to give independent advice, and so their advice could not be privileged. While that attitude has changed, in-house counsel still need to demonstrate independence and capacity if their advice is to be protected by legal professional privilege.

So how can you ensure your work product is privileged? These 10 tips should help you ensure privilege attaches – and stays attached.

1. Practising certificates

Problem: You don't have a practising certificate.