Can Communications About Business Ever be Protected by the Attorney-Client Privilege?

September 18, 2002

Many lawyers miss the many subtleties underlying the attorney-client privilege. For instance, everyone knows that communications dealing primarily with business matters normally do not deserve attorney-client privilege protection. However, some do.

In Lifewise Master Funding v. Telebank, 206 F.R.D. 298, 301 (D. Utah 2002) (citation omitted) the court discussed an exception to the general rule: “Business communications by and to an attorney are not necessarily protected. [B]ut business positions may be communicated to an attorney for legal action or advice.”

The attorney-client privilege does not lend itself to absolutes, which means that lawyers must learn the nuances involved in analyzing their clients’ and their own communications.