I never manage to keep up with all the cases about whether in-house counsel’s communications with others in their company may attract legal professional privilege, and if so in what circumstances. I do know that you would want to take great care in preparing affidavits in support of such a claim. The latest decision is in Banksia Mortgages Ltd v Croker [2010] NSWSC 535, and Sparke Helmore have provided a handy little note, with links to some other handy little notes they have written previously about similar cases.
