In-house counsel often wear multiple hats, which can complicate or even eliminate the opportunity to assert attorney-client privilege, panelists at a recent Strafford panel explained. The program featured Kimberly M. Ingram, associate at Bradley Arant; Kenneth E. McKay, shareholder at Baker Donelson; and Kan M. Nawaday, partner at Venable. This first article in our two-part series outlining the takeaways from the panel covers best practices when communicating with in-house counsel and establishing privilege, as well as how to handle common privilege issues, such as waivers, auditor reports and mergers. The second article
will cover how privilege can be maintained in internal investigations and how to prepare when a litigant seeks to depose in-house counsel. See “When and How Attorney-Client Privilege Applies to Communications With In-House Counsel
” (Jun. 22, 2017).