How In-House Lawyers Can Lose Privilege

The first question is “Who is the client?” and the answer can be somewhat complicated, but if you don’t it right, you set yourself up for trouble. A related question is “Who are you?” – meaning that if you wear two hats, as in vice president and general counsel, make sure it’s the GC hat you have on if there is any chance you may later want to invoke privilege. Much other practical advice in this guide from attorneys Alison Bost and Shawn Haque, including how to handle certain complexities involving email chains.