More Privilege Articles

Privilege

Courts Point to Several Factors in Addressing The “Primary Purpose” Privilege Standard

Nearly every court protects as privileged only those communications or documents whose “primary purpose” was for the clients to request legal advice or the lawyers to provide the requested legal advice. A few courts have taken a more liberal “one significant purpose” approach, but that favorable doctrine has not widely taken root.

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Privilege

Accountants Implicate Subtle Privilege and Work Product Issues: Part II

Last week’s Privilege Point described a case applying the generally-accepted view that accountants assisting clients rather than the clients’ lawyers are outside privilege protection -- so copying them on privileged emails waives that fragile protection. An equally well-settled rule is just the opposite on the work product side -- disclosing protected work product to a non-adverse accountant does not waive that robust protection.

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Privilege

Accountants Implicate Subtle Privilege and Work Product Issues: Part I

Accountants can help clients and clients’ lawyers – in ordinary business transactions, in explaining complex issues to lawyers who are giving legal advice, and in litigation. These differing roles at different times can trigger complicated attorney-client privilege and work product doctrine analyses.

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