Barry E. Moore and Deborah E. Moore - Page 6

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          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 not              





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