In In re Grand Jury, No. 21-1397 (U.S. May 2, 2022), the court is struggling as to the application of the attorney-client privilege when the communication contains both legal and nonlegal advice.

As introduced in the petition for certiorari, clients routinely seek advice from lawyers with multiple goals in mind. As a result, lawyers often give advice that is both legal and nonlegal in nature. The attorney-client privilege protects from disclosure confidential communications between attorneys and their clients made for the purpose of obtaining or providing legal advice. But the circuits are split as to when a communication is made for multiple purposes—some legal and others not—is privileged.