Massachusetts' Supreme Judicial Court was the first
court of highest jurisdiction to rule that communications with law-firm general
counsel by attorneys about current clients of the firm could be privileged. Georgia followed
suit shortly after, and the issue is now being considered again
by the Oregon Supreme Court. The Boston Bar Association and the Attorneys and
Lawyers Assurance Society submitted amicus briefs to the SJC in support
of the application of the privilege. Many questions remain after the RFF
Family Partnership decision.
Our expert panel, including the authors of recent amici briefs filed in RFF
Family Partnership and the co-chairs of the committee, will discuss some cutting
edge issues concerning the attorney client privilege – including the scope of
the privilege for in house counsel at law firms; tricky issues that can arise
for in house counsel at companies and non profit entities; and the latest
rulings relating to the at issue waiver doctrine.