Law Firm To High Court: Axe Primary Purpose Test For Attorney-Client Privilege

Mealey's (November 18, 2022, 12:53 PM EST) -- WASHINGTON, D.C. — The Ninth Circuit U.S. Court of Appeals erred in upholding the primary purpose test when determining whether a dual-purpose document is entitled to protection under the attorney-client privilege, a law firm argues in its opening merits brief in the U.S. Supreme Court, contending that the significant purpose test is more in keeping with the purposes of the attorney-client privilege....