According to Amy G. McClurg and Jennifer S. Roach in an article for LexBlog, the Supreme Court has dismissed a case that could've potentially affected attorney-client privilege. The court heard oral arguments on January 3rd and their dismissal will leave the law surrounding attorney-client privilege tests as they currently are in the federal courts in the D.C. Circuit, Ninth Circuit and Seventh Circuit.
McClurg and Roach stated, "The case hinged on which test should be used to determine whether the federal common law attorney-client privilege applied to dual purpose communications, that is, communications which contain both legal and non-legal advice."
In the Ninth Circuit, it was determined that attorney-client privilege did not apply in a case because the primary purpose of communication in the documents was to discuss tax return preparation instead of to discuss legal matters.
To read more about this case, click here to read the LexBlog article.
