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How General Counsel Can Avoid Personal Liability

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As the legal eyes and ears of a company, general counsel takes a front row seat in handling lawsuits and corporate legal matters.  And while that role can make for high-profile recognition, it can also subject in-house attorneys to increased liability.  Attorneys from Schiff Hardin released a white paper outlining strategies for general counsel to avoid personal liability.  Below are salient take-aways from the publication.

In-house counsel, how can you avoid personal liability?

The importance of attorney-client privilege is underlined, underscored, and otherwise emphasized throughout the journey of law student to lawyer.  Through professional responsibility courses and the MPRE exam, the particulars of protecting the confidentiality of communications between an advocate and client is given utmost importance.  So, how does it apply to in-house counsel?

The in-house attorney provides a unique case for delineating privilege because general counsel is often also considered to be part of the business team of the company.  GC's often balance dual roles, denoted by their titles that include "Vice President", "Secretary", or "Director" in addition to their legal capacities.   

To determine and preserve privilege when possible as your company's in-house counsel, consider the following 3 questions with every communication you initiate, respond to, or are copied on:

Attorney Power Couples' Loose Lips Can Spell Trouble

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Now, I don't usually peruse the pages of Marie Claire, but there's an interesting article in their latest issue about the difficulties that couples face when one or both of them have access to sensitive or insider information.

While the article couches the subject in terms of pillow talk, it raises a number of ethical, legal and professional issues that arise when power couples bring their work home with them.