7 Best Practices for Preserving In-House Counsel Privilege


Andrew Kratenstein and Audrey Lu wrote this bylined article detailing the practices by which in-house counsel can keep their communications privileged. “Determining when privileges apply is not easy,” the authors wrote, because ‘courts are increasingly wary of bad faith attempts to shield disclosure of non-privileged business information that is simply conveyed by or to an attorney.” However, they showed how the proactive practices they recommend can preserve privilege.