While the legal principles that govern privilege for internal and external counsel are in theory the same, practical experience and some recent court decisions make establishing and protecting privilege a major concern for inside lawyers. Because the client is a corporation, and because of the dual role of the in-house lawyer as counsel to and employee of the corporation, unique questions arise when privilege is asserted for communications with in-house counsel. This session will uncover the greatest and most troubling threats to corporate privilege, and provide practical strategies for establishing and preserving privilege. Topics include recent clarifications of the law on solicitor-client privilege, distinguishing legal advice from business advice, waiver of privilege and correcting inadvertent disclosures, use of privilege to protect disclosure of information and documents for litigation purposes, and the role of non-lawyer legal officers and in-house lawyers internationally in asserting privilege.
The time spent attending this program (3 hours) can be applied towards the annual Continuing Professional Development (CPD) requirement in Ontario. This session has been accredited by the Law Society of Upper Canada for 3.0 Professionalism Hours for members in Ontario with 2+ years of practice.
More information will follow regarding other provinces with CPD requirements.