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ends and that such advice or advocacy depends upon the lawyer’s being fully informedby the client.” 5“The privilege applies to a confidential communication between attorney and client ifthat communication was made for the purpose of obtaining or providing legal advice tothe client.” 6In order to be protected, the primary purpose of the communication mustbe to facilitate legal advice. 7Additionally, the privilege belongs to the corporation, notits attorney.Importantly, the attorney-client privilege does not attach when in-house counsel actssolely in his business capacity. 8This presents special problems for the in-houseattorney who has mixed business and legal responsibilities. Indeed, courts maypresume that in-house counsel’s communications are more for business rather thanlegal purposes. In determining which communications are privileged, courts may look tothe dominant purpose of the communication, and if the dominant purpose was forbusiness advice, the privilege may not attach. 9Courts may also scrutinize allegedlyconfidential communications more closely when outside counsel is not involved.Consequently, in-house counsel should consider associating with outside counsel whenlitigation is foreseeable to ensure that the privilege attaches.5 Id. at 388.6 In re Kellogg Brown & Root, Inc., 756 F.3d 754, 757 (D.C. Cir. 2014) (citing RESTATEMENT (THIRD) OF THELAW GOVERNING LAWYERS §§ 68-72 (2000)); see also Fed. R. Evid. 501 (“The common law-as interpretedby United States courts in light of reason and experience-governs a claim of privilege.").7 Upjohn Co., 449 U.S. at 389.8 See, e.g., Aetna Cas. & Surety Co. v. Sup. Ct., 153 Cal. App. 3d 467, 475 (Cal. Ct. App. 1984).9 Costco Wholesale Corp. v. Sup. Ct., 219 P.3d 736, 742 (Cal. 2009).9