Appellate Law News and Insights

Supreme Court Changes Decision And Declines To Review Attorney-Client Privilege

Published: Jan 25, 2023
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On January 23, 2023, after hearing an extensive oral argument, the Supreme Court dismissed In re Grand Jury, 23 F.4th1088 (9th Cir. 2021), cert granted, 143 S. Ct. 80 (2022), a highly anticipated case about how the attorney-client privilege applies to "multipurpose" communications. Absent clear direction form the Supreme Court, lawyers and...

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Supreme Court Weighs Whether “Dual Purpose” Communications Are Privileged In In Re Grand Jury

Published: Jan 13, 2023
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On January 9, 2023, the U.S. Supreme Court heard oral arguments in In re Grand Jury. In this case, the Court is asked to decide the appropriate test for determining whether documents that include legal advice, but also discuss other non-privileged issues, are protected by the attorney-client privilege. The question before...

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Appellate Oral Argument: The Ultimate Misnomer?

Published: Dec 28, 2022
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Justice William Bedsworth's recent column, "Oral Argument: Better Than Oral Surgery," packs a lot of meanings into the title's last four words. (See The Recorder, 12/19/2022.) I suppose it might depend on viewpoint, you know, surgeon or patient, the condition in question, the complexity of the problem, and how direct...

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