Justices Have No Appetite for New Attorney Privilege Test (1)

The US Supreme Court seemed unlikely to give either side what it wants in a case closely watched by in-house counsel about the scope of the attorney client privilege, suggesting that courts already agree about the proper outcome.

At issue in the case argued Monday is what test courts should use to determine whether a “dual-purpose” communication—one having both a legal and business purpose—between a business and its lawyer must be turned over during discovery. The US says the communications must be turned over unless the legal purpose is primary. The other side says it’s enough to protect the document ...