9th U.S. Circuit Court of Appeals,
U.S. Supreme Court
Jan. 24, 2023
High court won’t settle circuit split over client privilege test
The decision leaves standing an opinion by 9th Circuit Judge Kenneth K. Lee, who adopted a “primary purpose” test — in which courts should evaluate communications between lawyers and clients to determine whether the main reason was to give legal or other advice.
The 9th U.S. Circuit Court of Appeals got a victory Monday at the U.S. Supreme Court, which rejected an effort to overturn its decision adopting a narrow test for deciding how far attorney-client privilege should extend.
The high court, in a per curiam order, dismissed the writ of certiorari as improvidently granted. In re: Grand Jury, 21-1397 (S. Ct., filed April 1, 2022).
The decision leaves standing an opinion...
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