Law firm in-house counsel privilege is once again in the news, with New York joining other states, including Georgia, in upholding the attorney-client privilege for in-house counsel communications.
As background, in 2013 Georgia and Massachusetts concluded that attorneys can share an attorney-client privilege with their firm’s in-house counsel. See RFF Family P’ship v. Burns & Levinson, SJC-11371 (Mass. July 10, 2013); and St. Simons Waterfront v. Hunter, Maclean, Exley & Dunn, No. S12G1924 (Ga. July 11, 2013). Shortly thereafter, the ABA House of Delegates passed a resolution to protect the in-house counsel privilege. 2013 ABA House of Delegates Resolution 103. The state of Oregon followed suit. Crimson Trace Corp. v. Davis Wright Tremaine LLP, 355 Or. 476 (2014).
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