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Ethics
: Legal Ethics ForumEvers and Harris, "The Duties of In-House Counsel: The Bold, the Bright and the Blurred?"
The article, written from an Australian perspective, highlights the way that non-US jurisdictions talk about a lawyer's independence more than we do in the US. (Not that we don't; it's just a matter of degree.) Abstract:
Recent cases involving in-house and external lawyers have attracted much media attention, from the C7 litigation to the AWB Inquiry. Some of the media commentary and judicial remarks were directed at the role of the internal legal advisers in the conduct of the parties, both before and during litigation. The cases acknowledge the challenges faced by in-house counsel where the duty to client is blended with loyalty to the employer. The requirement for independence is a fundamental principle of the legal profession. The increasing use of in-house counsel challenges this principle. The conflict faced by in-house counsel is predominant in claims for privilege. This article examines the scope for privilege to be claimed in respect of communications involving in-house counsel.
Full post as published by Legal Ethics Forum on July 16, 2010 (boomark / email).
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