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"Just as the dual role of in-house counsel complicates liability as discussed above, communications with in-house counsel, ordinarily subject to the attorney-client privilege, have become suspect."
Whether someone is engaged in the unauthorized practice of law is a highly fact-sensitive inquiry. Both New Jersey and New York courts have, therefore, adopted a case-by-case approach.
To present the program, you will need approximately four individuals to read the script and "role play". We suggest a panel of two to four individuals with a moderator to address discussion questions. Successful programs have used panelists with diverse legal backgrounds such as in-house lawyers, judges, legal ethics professors and lawyers in private practice. We encourage audience participation.
"Ethics program material, "Cutting Edge Issues for In-house Counsel," presented to the North Carolina Chapter by ACCA Senior Attorney Jim Merklinger. (September 24, 1999)."