Several years ago, I found an online game that tested an in-house counsel’s understanding of the attorney-client privilege as it applied to in-house counsel. Unfortunately, I have not been able to locate an update to the game, so I thought that I would create one for you. This column presents 10 scenarios involving application of the attorney-client privilege, and my next column will present the answers. Together, these two columns should provide you and your team with a self-test on the attorney-client privilege.
I have isolated a single issue in each scenario. Do not worry about the work-product doctrine as this exercise is about the privilege. In each scenario, assume that you are an in-house counsel and that the subject document is being sought in litigation.