Privilege and In-House Counsel
Ethics and Professional Responsibility
CPD Points 2
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)
Dr. Suzanne McNicol QC
Dr Suzanne McNicol QC has extensive expertise in the area of legal privilege, authoring the leading text on the subject and appearing in several significant matters dealing with this area of law.
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