- 6 - preparation of the tax return.” It is true that communications to an attorney not both in confidence and for the purpose of obtaining legal advice are not protected by the attorney-client privilege. See, e.g., In re Grand Jury Investigation, 842 F.2d 1223, 1224 (11th Cir. 1987) (“Courts generally have held that the preparation of tax returns does not constitute legal advice within the scope of that privilege.”). Nevertheless, if a client expects that his communication to an attorney for the purpose of obtaining legal advice will remain confidential, the privilege not to have that communication disclosed applies notwithstanding that the communication contains nonconfidential information. Professor Paul R. Rice, in his treatise, Attorney-Client Privilege in the United States, describes the general rule as follows: The communication from the client to the attorney may contain nonconfidential information such as business information, public or technical information, or pre- existing documents that were not created for the purpose of communicating with the attorney. This is not relevant to the point of whether confidentiality can reasonably be expected in the communications that contain the information. Rice, Attorney-Client Privilege in the United States, sec. 6:2, at 9-11 (2d ed. 1999). See, e.g., Natta v. Zletz, 418 F.2d 633, 637 (7th Cir. 1969) (“It is also immaterial that some of them [letters] refer to technical or public information.”); Cuno, Inc. v. Pall Corp., 121 F.R.D. 198, 202 (E.D.N.Y. 1988) (“The fact that the submissions exclusively contain technical data is notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011