‘A Big Ask.’ Test That Would Expand Attorney-Client Privilege Draws Scrutiny From Justices

At least three justices seemed wary of creating a test that would expand attorney-client privilege for communications that offer both legal and business advice.

A law firm that advises on tax matters is asking the U.S. Supreme Court to adopt a test that would require courts to ask if a significant purpose of a document is legal in nature, and if so, deem it confidential.