Attorney/Client » In-House Lawyer, “Unauthorized,” Still Gets Privilege

In-House Lawyer, “Unauthorized,” Still Gets Privilege


June 15, 2016

An in-house attorney licensed to practice in California but occasionally working in his company’s Pennsylvania office, but without a “Limited In-House Corporate Counsel License” as required by the Pennsylvania bar, could get disciplined by a state board, per a decision by a federal district court. However, the same court also ruled against a challenge to a claim of privilege for communications that took place in Pennsylvania with that same attorney. The case, Scranton Prods., Inc. v. Bobrick Washroom Equip., Inc., was decided this month in the Middle District of Pennsylvania. “Scranton Products,” writes attorney Todd Presnell, partner at Bradley Arant Boult Cummings, “tells us that the failure to obtain a corporate counsel license may constitute the unauthorized practice of law, but will not destroy the attorney–client privilege.”

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