Suppose a document is deemed responsive to a discovery request served on a company. The document is the company’s outside counsel’s confidential legal advice to the company, provided in response to an express request for the advice. Certainly, the company may withhold this document as privileged. Right? Unfortunately, the answer is a definite “maybe,” says attorney David Booth Alden, who reviews a recent example of a court adopting a narrower, “one-way street” approach for attorney-to-client communications.
To learn more, read Ruling Takes One-Way Street Approach to Attorney-Client Privilege at Law.com.