Parties, Roles, and Litigation Teams
Counsel Roles
In-house counsel advise on legal matters within the organization, manage outside counsel, and frequently handle some matters directly. Privilege applies to legal advice but not to business counsel.
The dual-purpose communication problem is acute.
Alternative Names:
Corporate Counsel, Internal Counsel
Why it Matters?
The blended legal and business role generates dual-purpose communications constantly, which makes privilege disputes over in-house materials the most contested area of corporate discovery. Separating legal advice into distinct communications rather than embedding it in business correspondence is the structural control. Marking everything privileged is counterproductive, since indiscriminate designation undermines the assertions that matter.
Frequently Confused with
Related terms
Frequently asked questions
Why are in-house privilege disputes so common?
What is the structural control?
