The Attorney-Client Privilege and Work-Product Doctrines: A Practical Guide for In-House Counsel

The Attorney-Client Privilege and Work-Product Doctrines: A Practical Guide for In-House Counsel

The in-house attorney's dual role as a legal and business adviser to the corporation raises complex legal questions regarding the attorney-client privilege and the work product doctrines. This program will explore both doctrines, both under Colorado law and generally, and highlight practical considerations for an in-house attorney to maximize the confidentiality of communications in the corporate setting. The program will explore numerous topics including: (1) the basics of what is protected, why its protected and how to keep it protected; (2) common misconceptions regarding when the privilege applies and distinguishing between business and legal advice; (3) the dangers of widespread intra-corporate communications; (4) practical tips for maximizing the protection; (5) basic work product principles (including the "litigation," "anticipation," and "motivation" elements); (7) implications of internal corporate investigations (8) privilege waiver (including implied, "at issue" and subject matter waivers); and (9) work product waiver, which is different than a privilege waiver.

Dan Rohner, Partner, Shook, Hardy & Bacon

Jeff Williams, General Counsel, Cordant Health Solutions