Credit: Kaspars Grinvalds/Adobe Stock A Missed Opportunity on 'Mixed' Communications
By not giving guidance in this case, the Supreme Court failed in one of its primary tasks.
February 26, 2023 at 10:00 AM
4 minute read
In-house, transactional, tax, and other lawyers regularly find themselves providing legal advice in communications that also may involve business, tax, or IP (e.g. patent) advice. When litigation arises, and a party is requested to produce such "mixed" or "dual-purpose" communications, courts and lawyers must determine whether any of such communications must be turned over. After all, although legal advice may be subject to the privilege, business advice is not. Where is the line in "mixed" communication to be drawn?
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