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U.S. Supreme Court

Jan. 10, 2023

Justices skeptical of rewriting rules on client privilege

“We’ve had the attorney-client privilege for a long time, and until 2014, nobody ever suggested that the test that you’re proposing is the right one,” Justice Elena Kagan said.

U.S. Supreme Court justices on Monday heard arguments about how far attorney-client privilege should extend when clients seek advice that is not exclusively legal but relates to business, taxes and other issues.

Daniel B. Levin, a partner at Munger, Tolles & Olson LLP, asked the court to overturn a 9th U.S. Circuit Court of Appeals panel decision that adopted a “primary purpose” test, guiding judges to evaluate communications between at...

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