Jenner & Block

"Are Communications With A Law Firm's In-House Counsel Privileged?" ABTL Report

In this article, Jenner & Block Partner Kirsten Hicks Spira and Associate Alexander M. Smith explore the courts’ evolving views on granting privilege to communications about ongoing client matters between lawyers and their firms’ general counsel.

“Although historically courts held there was no privilege, more recently courts—including one California court—have concluded that communications between attorneys and their firm’s in-house counsel are privileged,” the authors write, adding that “the trend toward treating these communications as privileged is a welcome development.”