'[W]hat corporations do not want is an attorney who views a particular situation or proposal and says 'you cannot do that because it is illegal, period.' We want attorneys that start by saying 'Maybe,' followed by,
Broad View of Privilege in Second Circuit Ruling
It is no longer acceptable ' if it ever was ' for in-house counsel merely to provide reactive assessments of legal risk presented by business people. Today, in-house lawyers must provide proactive solutions to their clients' problems, including solutions that mix legal advice with business-oriented suggestions. Of course, the attorney-client privilege protects only legal advice, and thus presents, at times, a difficult question: when has an in-house counsel provided non-privileged business advice instead of protected legal advice? That line is not always easy to draw, but a recent Second Circuit decision provides some guidance.
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