It has been understood that the client in the attorney-client relationship for U.S. in-house attorneys is the corporation for which they work. The ABA Model Rule on Professional Conduct states in Rule 1.13 on Organization as Client that “a lawyer employed or retained by an organization represents the organization acting through its duly authorized constituents.” This is consistent with most state ethics codes. However, the ethics codes don’t provide definitive guidance for determining who the client is for the in-house attorney working for multinational organizations. This is a challenging question for U.S. in-house attorneys.
Beyond the question of who is the client, U.S. in-house attorneys also need to familiarize themselves with the rules on privilege in the jurisdictions of ex-U.S. affiliates. Not all jurisdictions recognize attorney-client privilege. Some have limited recognition. How the privilege applies varies as well. For some jurisdictions, the privilege attaches to documents held by lawyers who are licensed to appear before the court. For other jurisdictions, the privilege attaches to documents that are in the client’s possession.
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