On Jan. 23, the U.S. Supreme Court dismissed its review of a case that would have clarified the scope of the attorney-client privilege, delivering a brief decision stating that review of the case was improvidently granted. We've gathered articles on the news from SHRM Online and other media outlets.

Dual Purpose Communications

The justices heard oral arguments in the case, In re Grand Jury, earlier this month. The case involved when communications with both legal and nonlegal advice should be protected by the attorney-client privilege.

Examples of Such Communications

Richard Kiely, an attorney with Holland & Hart in Denver and Jackson, Wyo., said that examples of dual-purpose communications referenced in the oral arguments included:

• Discussions about settling claims against a company.
• Internal investigations conducted by in-house counsel, such as employment-related investigations.
• The common situation when an attorney might sit in on a business meeting simply to observe and listen for potential legal issues.
• In the context of tax advice, where the lawyer's advice might include both a legal analysis of the tax code along with nonprivileged tax preparation or business-specific considerations.

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