Attorney-client privilege should technically apply equally to in-house and outside counsel. However, it has been narrowed in the context of in-house counsel, partly due to the fear that mere participation of in-house counsel will be used to seal off disclosure of information about the basis for business transactions simply by funneling their communications through an attorney. <br/>Determining when the attorney-client privilege applies to in-house counsel is a fact-specific analysis complicated by different roles that in-house counsel play.
Mark C. LevyPart One of Two
The role of in-house counsel has increased and diversified. A reason for this is greater use of in-house counsel to control outside legal fees. Minimizing fees is important for small and mid-size businesses and has proven economically efficient for larger businesses.
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