Protecting In-House Lawyers’ Communications: Attorney-Client Privilege, Attorney Work Product, and Best Practices for In-House Counsel

This article discusses the attorney-client privilege, the attorney work product protection, and related doctrines, with a specific focus on how these doctrines apply to in-house counsel’s communications. The article addresses important differences between federal and Illinois law on these topics of which in-house counsel should be aware. The article concludes with best practices in-house counsel may wish to follow to try to ensure that their potentially privileged communications will not be discoverable in the event of litigation.