Harrang Long Attorneys File Amicus Brief in the Supreme Court of the United States on the Scope of the Attorney-Client Privilege

Harrang Long Gary Rudnick P.C. attorneys Arden Olson, Bill Gary, Sharon Rudnick and Aaron Landau led a team of lawyers that filed an amicus brief on behalf of the Association of Professional Responsibility Lawyers (“APRL”) in the case of In re Grand Jury, No. 21-1397, currently pending in the Supreme Court of the United States.  A summary of the case can be found in the National Association of Attorneys General’s Supreme Court Report.

A split currently exists in the federal appellate courts on the test used to determine whether an attorney-client communication will be privileged if the communication had a purpose in addition to seeking or receiving legal advice.  Along with co-counsel Bill Hodes, and with contributions from Brian Faughnan and David Majchrzak, Harrang Long argued on behalf of APRL that dual-purpose communications should be privileged when any purpose of the communication is to seek or receive legal advice.  That rule furthers the goal of strengthening the protections of attorney-client privilege and gives lawyers and clients more certainty when communicating with each other. APRL argues that a test limiting the privilege to communications in which a “significant” purpose was seeking or receiving legal advice invites uncertainty and therefore undermines the privilege.

This case is the most consequential privilege case the Court will have taken up in several decades. Oral argument is currently scheduled for January 9, 2023.

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