Sunday, December 18, 2022

US Supreme Court to decide case on attorney-client privilege -- UPDATED

December 10, 2022

The United States Supreme Court has agreed to hear a case that raises the issue of whether a communication involving both legal and non-legal advice is protected by attorney–client privilege where obtaining or providing legal advice was one of the significant purposes behind the communication.

The case is called In Re Grand Jury.  You can find a summary and links to relevant documents here.

The ABA has filed an amicus brief (available here) in which it urges the Court to consider client-lawyer communications privileged, even if the purpose of some of those communications is not to request or give legal advice.  The ABA Journal has a short article discussing the case and the brief here.

The blog Presnell on Privileges has a comment here.

UPDATE: Dec 18, 2022

Presnell on Privileges has more commentary on the case here.

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