Many firms have an in-house attorney or even a general counsel dedicated to managing risk for the firm and protecting the firm’s legal interests. Part of this role can involve reviewing potential claims against the firm. For example, if an attorney discovers a mistake or a potential mistake in a client representation, that attorney may seek the advice of the in-house counsel with regard to how to proceed.
In recent years, there have been a handful of cases reviewing whether the communications between an attorney and an in-house attorney are protected by the privilege, or whether the client is entitled to them. Some clients have argued that because the firm owes a duty to the client, any internal communications necessarily mean the firm is putting its own interests ahead of the client’s. However, the vast majority of courts that have reviewed this issue have recognized that such internal communications should be protected by privilege in appropriate circumstances.
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