Privilege and In-House Counsel
This two part course explores the factors which may complicate claims for privilege made over advice given by in-house counsel, and how to ensure that any claims for privilege will be upheld.
Part 1 of the course examines the factors which will influence how the courts will view advice provided by an in-house lawyer to their employer/client. It particularly examines how privilege claims can be impacted by in-house counsel holding multiple roles (both legal and non-legal) within an organisation and their involvement in the commercial activities of an organisation.
Part 2 discusses privilege claims in the context of in-house government lawyers, and the particular challenges which these claims can face. It also discusses how client legal privilege under the Uniform Evidence applies to in-house counsel. The final part of the course provides practical tips and guidance for in-house lawyers and their employer/client to ensure that privilege claims will be upheld.
Note: WA lawyers are able to claim CPD points for this course in two competency areas: Ethics and Professional Responsibility (1-Point) and Substantive Law (1-Point)