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Justices to Clarify Privilege of Communications Beyond Legal Advice

Oct. 3, 2022, 1:36 PM

The US Supreme Court agreed to consider if the protections under attorney-client privilege sweep broadly enough to include business communications, a tricky issue that lawyers frequently face in the corporate world.

The case involving “dual purpose” communications that the justices agreed to hear Monday aims to clarify tests used by the judiciary to determine whether communications beyond legal advice can be claimed as privileged and withheld from opposing counsel.

The conflict commonly arises in cases involving corporate counsel.

“Given our increasingly complex regulatory landscape, attorneys often wear dual hats, serving as both a lawyer and a trusted business advisor,” the ...