December 1, 2023

ACC In-House Counsel Forum: Ethical Issues in Attorney-Client Privilege

Payne & Fears attorney James Moss presents ethical challenges in managing the attorney-client privilege. This presentation was part of the In-House Counsel Forum at the ACC Mountain West chapter.

This presentation covers several challenging issues in respecting and protecting the attorney-client privilege for in-house counsel:

  • Potential conflicts with former clients and informed consent requirements, covered by Rule 1.9 and 1.11 of the ABA;
  • Potential conflicts of interest in dealing with directors, employees and shareholders of organizations the attorney represents;
  • Potential conflicts arising from playing a dual role of lawyer and advisor, including investigations;
  • Potential violations of rules against the unauthorized practice of law.