How an organisation talks internally about legal risk can either protect its position or hand it to an opponent. This report explains how to communicate internally about legal matters in your chosen jurisdiction and industry: what privilege does and does not protect, how to channel sensitive analysis through counsel, who needs to know and on what basis, and how to avoid creating damaging records or accidental waivers. It sets out the scenarios in which loose internal communication backfires, the warning indicators of a poor communication culture, indicative ranges for the consequences, and the controls, legal holds, privilege protocols and need-to-know discipline, that keep internal discussion both effective and protected. It also identifies when counsel should lead or supervise internal communications on a live matter.
Reference material for informed readers, not advice.
