In my last column, "Proper Practices," I described two action items I recommend to ensure that your in-house team is managing the attorney-client privilege. In this article, I offer the additional steps.
After making sure your team is properly trained and is educating your business teams on attorney-client privilege, you should develop and implement a standard internal investigation process. The actions you take in the first 48 hours after an issue arises are critical to the internal investigation's effectiveness. The conduct of in-house counsel during this time can preserve or destroy the attorney-client privilege.