Attorney-client privilege for mixed business, lobbying, and legal communication

Connecticut Supreme Court has recently ruled that the attorney-client privilege applies when a communication between an attorney and a client is primary for legal advice. Harrington v. Freedom of Info. Comm’n, 323 Conn. 1 (2016) [2016 BL 281220]

The context is important: plaintiff tries to get emails between a state agency and two outside lawyers acting as lobbyists. The latter sometimes provided legal advice, while some other times business or legislative advice. The request – which was presented as a POI request – was objected under ACP.

The court found that the privilege applied because the communication was primarily for legal advice.

Read full decision: Harrington v. Freedom of Info. Comm’n, 323 Conn. 1 (2016) [2016 BL 281220]

For more information, Nathan M. Crystal.