Justices Admit Confusion Over Attorney-Client Privilege Application Tests

Mealey's (January 9, 2023, 5:57 PM EST) -- WASHINGTON, D.C. — During oral argument on Jan. 9 over whether the primary purpose or significant purpose test is appropriate for determining if a dual-purpose document can be protected by the attorney-client privilege, the justices of the U.S. Supreme Court on multiple occasions voiced confusion over the differences between the tests’ names and how courts can determine what percentage of a communication with a client constitutes privileged legal advice....