In my previous column, "Appellate Advocates: Application of Attorney-Client Privilege to Government Communication and More," NYLJ, Feb. 14, 2024, p. 3, col. 3, I discussed the applicability of the ...

January 5, 2023 - A communication must be made for the purpose of legal advice to be protected from disclosure by the attorney-client privilege. If legal advice is not the purpose of the ...

In considering whether the attorney-client privilege attached to the disputed dual-purpose communications, the district court applied the "primary purpose" test. The district court held that the ...

What happens when advice is partly legal and partly nonlegal and the two parts cannot be untangled? In such dual-purpose situations, does the privilege protect all the advice or none of it? On Monday, ...

If the dominant purpose was attorney-client, privilege applies—even to factual information. However, merely sending a document to counsel or labeling it as privileged does not automatically ...

The DC Circuit defined the primary purpose test to provide that the attorney-client privilege can protect investigation-related materials if providing or obtaining legal advice was one of the ...

In Upjohn v. U.S., the court noted, “The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law.” Its purpose? To “encourage full ...

Executive privilege, rooted in Article Two of the Constitution ... doctor and spouse. Their purpose is to encourage candid communications that are intended to remain secret.

The recent Alberta decision of Prosser v. Industrial Alliance Insurance, 2024 ABKB 87, shed light on this topic, examining how the purpose and use of an investigation can impact where the privilege ...