The purpose of the attorney-client privilege, as stated by the Supreme Court in Upjohn Co. v. United States, 449 U.S. 383 (1981), is to “encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.”
Attorney-Client Privilege for In-House Counsel
The concept of the attorney-client privilege seems pretty straightforward in, for example, a criminal case. However, as any in-house attorney knows, this concept becomes pretty murky when applied to attorneys working inside entities: Who is the client? Which attorneys are covered? Are those attorneys always covered? Which communications? With whom? On what subjects? The questions are endless and the situations are complex.
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Jason A. CoplingThis premium content is locked for LawJournalNewsletters subscribers only
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