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
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.