Bradley Attorneys Presnell, Miller, Wells and Rodriguez Author Supreme Court Amicus Brief

On behalf of the DRI Center for Law and Public Policy, Bradley attorneys Todd Presnell, Casey Miller,Grayson Wells and Tim Rodriguez authored an amicus brief for the U.S. Supreme Court in the matter of In Re Grand Jury. The brief addresses the issue of whether the attorney–client privilege protects a communication involving both legal and non-legal advice when obtaining or providing legal advice was one of the significant purposes behind the communication. The authors advocate for the significant purpose test, as opposed to the primary purpose test, in determining whether the attorney–client privilege protects in-house attorneys’ multi-purpose communications from disclosure. The significant purpose test creates more predictable results, which serves the public good by encouraging corporate entities, acting through their employees, to engage in full and frank communications with the entities’ lawyers so that these lawyers can supply “sound legal advice.” Read the amicus brief in full. Oral argument in this case is scheduled for January 9, 2023.