A former lawyer who managed risk for Unitek Global Services was able to use information deemed by the company as privileged for her employment discrimination and equal pay lawsuit against the company. In Casey v Unitek Global Services the court found that although the director of risk management was a qualified lawyer and managed litigation arising from insurable claims against the company, her position did not require 'legal knowledge' and her role was more of an inhouse insurance broker and claims adjuster than a lawyer. 

Legal or business advice

Whilst the company was able to prove that the plaintiff was involved in privileged-type discussions at quarterly litigation meetings, it was unable to prove that she had been asked for legal advice or an opinion on any of the insurable claims at any of these meetings.The court stated that in-house lawyers have a dual role - that of legal advisor and business advisor. If asserting legal privilege, the company must 'clearly demonstrate' that the lawyer-director of risk management was asked for strictly legal and not business advice. Source: Presnell on Privilege