Supreme Court Decides Not To Clarify Standard for Attorney-Client Privilege for Dual-Purpose Communications
Insights Michael S. Lazaroff · February 9, 2023
On January 23, the Supreme Court surprisingly decided to dismiss as “improvidently granted” the writ of certiorari it had granted in the case In re Grand Jury, No. 21-1397. This one-line dismissal order came after full briefing by the parties, thirteen substantive amicus briefs from various legal and business organizations, and oral argument. The issue originally presented to the Court in the petition for certiorari was “[w]hether a communication involving both legal and non-legal advice is protected by attorney-client privilege where obtaining or providing legal advice was one of the significant purposes behind the communication.”
Michael Lazaroff is a partner in the Rimon Litigation group in the New York office. He is an experienced trial and appellate lawyer with over two decades of experience in complex commercial litigation and arbitration representing both defendants and plaintiffs. Read more here.
Rimon has 48 offices across five continents. The firm is widely known as being at the vanguard of legal innovation. The firm has been repeatedly recognized by the Financial Times as one of North America’s most innovative law firms. The firm’s Founding Partners were both named ‘Legal Rebels’ by the American Bar Association’s ABA Journal and have spoken on innovations in the practice of law at Harvard and Stanford Law Schools. Rimon and its lawyers have also received numerous awards for excellence, including from Best Lawyers and Chambers.