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Purpose

The purpose of this paper is to evaluate in‐house counsel's dual role in the context of a wrongful discharge claim against his corporate employer and its effect on privileged corporate communications.

Design/methodology/approach

The paper takes the form of legal research and analysis.

Findings

A multipart factors test is proposed focusing on three areas: first, rationale for discharge; second, in‐house counsel's claim; and third, risks to privileged corporate information.

Originality/value

The paper creates new means to evaluate corporate privilege and in‐house counsel access.

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