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Morvillo Abramowitz Grand Iason & Anello
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When in-house counsel gives legal advice mixed with business
advice, their two roles open themselves up to potentially
discoverable communications. Although, at least in the United
States, in-house attorney-client communications are privileged, the
communications must be “legal” in nature. Unfortunately
for counsel, courts do not agree on what constitutes a legal
communication – particularly when the communications have a
mixed purpose. Under the current state of confusion, the
uncertainty many in-house lawyers have about whether they are
speaking or writing too much is understandable. At long
last, the Supreme Court seems poised to add some clarity to the
situation.
Do In-House Attorneys Talk ‘Two’ Much?
– SCOTUS Will Decide
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