Bar Exam Toolbox Podcast Episode 179: Listen and Learn -- Professional Responsibility: Competence
Every day in corporate America, in-house and outside legal counsel attend meetings and correspond by email with their clients about both legal and business matters. Often it difficult to separate the legal and non-legal parts...more
The U.S. Supreme Court decided on January 23, 2023, in a per curiam slip opinion that it would not consider whether communications including both legal and non-legal advice are protected by attorney-client privilege. The...more
The US Supreme Court heard oral arguments on January 9, 2023, regarding how federal courts should determine when the attorney-client privilege applies to dual-purpose communications. The central question in the case before...more
...A communication must be made for the purpose of legal advice to be protected from disclosure by the attorney-client privilege. If legal advice is not the purpose of the communication, the attorney-client privilege does not...more
The firm petitioned the Supreme Court for review, asserting a three-way split between the Ninth Circuit (which it described as applying a primary purpose standard), the D.C. Circuit (described as applying its preferred...more
Takeaway: The Supreme Court is expected to clarify the question of whether attorney-client privilege applies in “dual-purpose” communications in situations where law firms provide clients with both legal and non-legal advice....more