Thrust to the forefront of the public’s attention by recent events in Washington, D.C., the attorney-client privilege should always be in the mind of corporate counsel. Filled with traps for the unwary, navigating the protections of the privilege is not easy, especially for legal counsel who serve in more than one role (for example, as corporate secretary, operating officer and general counsel). This paper discusses the general parameters of the attorney-client privilege and the work product doctrine, addressing each of the elements specifically, with particular focus on recent changes in Texas rules that have wide-ranging implications for corporate counsel.

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