In-House Counsel Not 'Advocate'; Their Communication With Employer Not Protected Under S.132 BSA : Supreme Court

The Supreme Court held that communications between in-house counsel and their employer are not protected under Section 132 (BSA), distinguishing them from external advocates. The Court reasoned that in-house counsel, as employees, do not share the same independent status as advocates in private practice. The article details the Court’s reasoning and legal tests on professional privilege, with practical guidance for corporate legal departments on document control and confidentiality. It notes implications for compliance officers and internal investigations where privilege may not apply.