Confidentiality and Privilege: Ethics for In-House and Deal Lawyers

Transactional and in-house attorneys, however, often advise their clients on business and legal matters. As a result, it can be difficult to know which communications and documents are confidential, privileged, and/or subject to other ethical considerations. Foley & Lardner attorneys Michael Thompson and Jasmine Coo review key legal and ethical authorities governing confidentiality, privilege, and other ethical obligations.

Topics that Michael Thompson and Jasmine Coo will cover include:

• ABA Model Rules 1.6 (Confidentiality of Information), 2.1 (Advisor), and 5.1 – 5.3 (Responsibilities of a Partner or Supervisory Lawyer, Responsibilities of a Subordinate Lawyer; Responsibilities Regarding Non-lawyer Assistance).


• ABA Formal Ethics Opinions 95-390 (Conflicts of Interest in the Corporate Family Context), and 98-410 (Lawyer Serving as Direct of Client Corporation), with a focus on the many hats that in-house and transactional lawyers wear.


• Tools to decipher what is confidential or privileged and what isn’t.


• Tips that will help increase the likelihood that your deal communications and drafts will be protected.