Foundations of In-House Practice: Theory and Application

Over the last few decades, legal practice has progressively expanded beyond private law firms.  Corporations, governments, and non-profit organizations are increasingly looking inwards and relying on in-house counsel to satisfy their legal needs. This seminar course invites students to explore the legal and ethical nuances faced by in-house counsel, including whether in-house counsel experience fundamentally different challenges than other lawyers, where does legal advice end and strategic advice begin, and whether in-house counsel can maintain sufficient independence and reconcile their respective duties to their employer and the profession.

Taught by two experienced in-house legal counsel, this course will provide valuable insights for students interested in an in-house career path and those pursuing private practice (whose instructing client will often be in-house counsel).  We will discuss differing theories and models of the role of in-house counsel, analyze ethical and professionalism issues that arise from in-house practice (including conflicts, independence, and privilege), learn about distinct areas of law that frequently arise in-house, and engage in comparative analysis of the varying ways in-house counsel are regulated across different jurisdictions.