ABA says Attorney-to-In-House Attorney Consultation should be Privileged
In a recently published amicus opinion, the ABA took a stand for its position that the attorney-client privilege should protect from disclosure communications between an attorney and her in-house counsel, even if the two attorneys are colleagues. In most scenarios, inter-office communications are discoverable. Privilege may not apply when attorneys consult amongst themselves. On the other end of the spectrum, consultation between client and outside counsel is usually protected from disclosure. However, the ABA’s recent amicus opinion focuses on the narrow situation when an attorney consults with a member of her firm’s designated in-house counsel. Read on for the ABA’s argument.