In‐house counsel claims against a corporate employer and access to privileged corporate communications: An analysis and a proposal

The purpose of this paper is to evaluate in‐house counsel's dual role in the context of a wrongful discharge claim against his corporate employer and its effect on privileged corporate communications.

The paper takes the form of legal research and analysis.

A multipart factors test is proposed focusing on three areas: first, rationale for discharge; second, in‐house counsel's claim; and third, risks to privileged corporate information.

The paper creates new means to evaluate corporate privilege and in‐house counsel access.