The privilege paradox: why the in-house lawyer's office is less secure than you think

As an in-house lawyer, you navigate a unique challenge: maintaining legal privilege while providing both legal and commercial input to your organisation. The headlines from the Post Office's Horizon IT Inquiry have brought privilege misuse into sharp focus, raising questions about how corporate legal teams should balance confidentiality with transparency.

Our June 2025 article tackles the practical challenges in-house counsel face when applying English legal privilege principles in their day-to-day work. We explore critical questions, including:

• Who exactly constitutes "the client" within your organisation?
• How do you maintain privilege when advising on both legal and commercial matters?
• What happens to privilege when sharing advice across international borders?
• How does AI integration impact privilege protections?
• What privilege pitfalls should you watch for during internal investigations?

We provide practical guidance on structuring advice effectively, defining your client group appropriately and navigating multi-addressee communications where both legal and commercial advice is sought.

Complex case law in this area often creates confusion. Our article clarifies the key takeaways, delivering actionable insights to strengthen your privilege protections while helping you avoid potential misuse allegations.

This is the inaugural article in our new quarterly series, "Contentious Matters: Essential Legal Insights for In-House Teams". Designed specifically for in-house legal departments, this series will provide practical, in-depth analysis of critical topics in dispute resolution.

Sign up to our "Contentious matters" series to access the full article and receive essential legal insights curated specifically for in-house counsel teams.