Attorney-client privilege protects confidential communications between a lawyer and their client that relate to the client's seeking of legal advice or services. This protection extends to any information exchanged during these privileged communications, encompassing not only verbal discussions but also written correspondence, emails, text messages, and other forms of communication.
Is a communication between a client and their lawyer that involves both legal and non-legal advice protected by attorney-client privilege if obtaining legal advice was a significant purpose of the communication, but not its primary purpose?
This case asks the Supreme Court to clarify whether communications involving both legal and non-legal advice (i.e., dual-purpose communications) are evaluated under the primary purpose test or the significant purpose test when determining whether communications are protected by the attorney-client privilege. The petitioner, a law firm, argues that the significant purpose test should be adopted because it is necessary to avoid deterring the communications the privilege exists to protect. The United States argues for the primary purpose test, contending that the significant purpose test would improperly and unnecessarily expand the privilege. This case has significant implications for protecting client honesty with their lawyers while also not excessively shielding the production of otherwise discoverable materials.
Whether a communication involving both legal and non-legal advice is protected by the attorney-client privilege when obtaining or providing legal advice was one of the significant purposes behind the communication.
Pursuant to a criminal investigation, a grand jury issued subpoenas to the target of the investigation, the owner of a company who is also a client of a tax law firm. In re Grand Jury at 1090. These subpoenas requested communications and documents related to the investigation. Id.
Oral argument: Oct. 5, 2009
Appealed from: United States Court of Appeals for the Eleventh Circuit (Aug. 26, 2008)
