The U.S. Supreme Court building in Washington, D.C.

'I'm Disappointed.' Lawyers React to SCOTUS Setting Aside Attorney-Client Privilege Case

The justices' order lets stand a decision from the U.S. Court of Appeals for the Ninth Circuit adopting the so-called "primary purpose" test, which requires that the main purpose of a communication be legal advice for it to be considered privileged.

January 23, 2023 at 04:45 PM

5 minute read

United States Supreme Court

Avalon Zoppo

The original version of this story was published on National Law Journal

What You Need to Know

The court said the case involving attorney-client privilege questions shouldn't have been taken up and dismissed it.
Many lawyers hoped for clarity on the issue of privilege for so-called dual-purpose communications.
Justices likely felt adopting a bright-line rule would be hard for lower courts to apply across the board, expert said.

The U.S. Supreme Court declined to resolve an attorney-client privilege issue in a case it heard earlier this month, leaving the question of when communications that offer both legal and business advice are protected for lower courts to handle.