Please note that log in for BLAW products will be unavailable for scheduled maintenance on Sunday, February 5th from approximately 4 AM to 5 AM EST.
Bloomberg Law
Free Newsletter Sign Up
Login
BROWSE
Bloomberg Law
Welcome
Login
Advanced Search Go
Free Newsletter Sign Up

Case: Primary Purpose Governs Attorney-Client Privilege for Dual-Purpose Communications (9th Cir.)

Sept. 13, 2021, 5:00 AM

Primary-purpose test governs in assessing attorney-client privilege for dual-purpose communications, the Ninth Circuit Court of Appeals held. A grand jury issued subpoenas to a company and law firm related to a criminal investigation. The target was the owner of the company and a client of Law Firm. Both parties failed to comply citing attorney-client privilege and the district court held them in contempt ruling that certain dual-purpose communications were not privileged because the “primary purpose” of the documents was to obtain tax advice, not legal advice. Parties argued that a “because of” test should apply. Answering an open question in ...