What 9th Circ. Privilege Test Means For Dual-Purpose Advice

By Scott Tenley (September 29, 2021, 3:49 PM EDT) -- The attorney-client privilege is, in a word, sacrosanct.

Indeed, protecting the confidentiality of communications between attorney and client is fundamental to the legal profession. That being said, not everything communicated between a lawyer and his or her client is subject to secrecy.

Take, for example, an attorney's business advice. Unlike legal advice, which is always privileged, attorney-client communications regarding a client's business dealings — say, financing strategies or tax considerations — may not be.

Difficult and often highly disputed questions arise in litigation because many exchanges between lawyers and clients — particularly in-house lawyers — include a mix of business and...

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