(18)ETHICS FOR IN-HOUSE COUNSEL: BEST PRACTICES FOR ESTABLISHING (AND MAINTAINING) ATTORNEY-CLIENT AND WORK-PRODUCT PRIVILEGES IN AN ELECTRONIC WORLD

摘要

Establishing and maintaining the attorney-client and work-product privileges for in-house counsel can be particularly tricky in the electronic world we live in today. Electronic communications offer ease and convenience, but this form of communication also creates risks of waiving a privilege, along with scrutiny in litigation to determine if a privilege even applies in the first place. These risks are especially heightened for the in-house counsel that wears many hats-attorney, business advisor, and negotiator. This chapter will examine the creation, and potential waiver, of the attorney-client privilege and work-product doctrine between in-house counsel and their business client; whether the attorney-client privilege applies when in-house counsel are providing mixed business and legal advice; and the ethical rules relating to electronic communications and e-discovery.