How An In-House Lawyer Prevailed After A Privilege Challenge

It took a “methodical, well-crafted affidavit” to do it, but an in-house lawyer after being challenged was able to convince a federal court in Kansas that communications between herself and a University of Kansas Medical School official were privileged. The situation involved actions taken against a tenured faculty member at the medical school who was first censured and ultimately terminated. The faculty member, a physician, had criticized school officials for financial and other mismanagement and was pleading a retaliation case. Attorney Todd Presnell analyzes the in-house attorney’s affidavit in support of privilege, and points out what made it effective.