Corporate Counsel Section recently hosted a Continuing Legal Education session for In-House counsel on a hot topic: Attorney Client Privilege Pitfalls for In-House Counsel and Attorneys Serving as Business Advisors.

Section Chair Abbey Morrow introduced the topic and panelists, which included Harry J. Winograd, Bodker, Ramsey, Andrews, Winograd & Wildstein P.C.; C. Dawn Martin, Legility; and John E. Parkerson, Hall Booth Smith, P.C. Nora Robb, Cox Automotive, Inc., moderated the session who also serves as Chair Elect of the Corporate Counsel Section.

The panelists pointed out that privilege may depend upon the purpose of the communication and the nature of what is communicated. One additional topic involved the European differences on privilege, which impacts the location of the communication. Winograd pointed to recent case law extending attorney-client privilege to independent contractors performing services for the company. Martin cautioned attendees to be mindful of the e-discovery issues with the type of advice provided. Parkerson noted that many communications in Europe may not be protected at all. The session was followed by a social where those in attendance were able to network and further discuss this layered topic.