Dual-Purpose Communications: Separating Legal and Business Advice.

In response to the subpoenas, the company and law firm each produced some documents but withheld others, claiming attorney-client privilege and the work-product doctrine. The primary purpose of a dual-purpose communication must be to give or receive legal advice, as opposed to business advice, to be protected by the attorney-client privilege, a federal appellate court has held. The Ninth Circuit held "that the primary-purpose test applies to attorney-client privilege claims for dual-purpose communications" and affirmed the district court's order holding the company and the law firm in contempt. [Extracted from the article]