August 30, 2016 - Appellate Practice Group Prevails Before Connecticut Supreme Court In Dispute Over Test for Attorney-Client Privilege
For questions or more information, please contact Andrea Race.
Hartford, CT (August 30, 2016)…The Appellate Practice Group of Murtha Cullina LLP recently won a favorable decision from the Connecticut Supreme Court on whether the attorney-client privilege justified withholding from disclosure emails between the Connecticut Resources Recovery Authority and attorney-lobbyists.
In Harrington v. FOIC, attorneys Michael Colgan Harrington and Jennifer A. Corvo successfully argued that the Freedom of Information Commission applied an overbroad attorney-client privilege standard in response to a request for documents made under the Freedom of Information Act. A trial judge had affirmed the FOIC’s decision. The Connecticut Supreme Court reversed both the trial court and the FOIC, using the case to explain how to apply the attorney-client privilege properly to communications that contain both legal and business advice.
Attorneys Harrington and Corvo successfully argued that the Connecticut Supreme Court should adopt a “primary purpose” test for applying the attorney-client privilege to communications that contain both legal and business advice. Under the primary purpose test, when communications include both legal advice and business advice, the predominant or primary purpose of the communications must be for legal advice in order to receive the benefit of the privilege. This is a significant decision for both practitioners and businesses because it explains the steps that should be taken to ensure that communications between a corporate entity and its attorney are protected by the attorney-client privilege.
Murtha Cullina’s Appellate Practice Group carefully studies procedural, philosophical, and policy developments in appellate court decisions to help shape innovative and effective appellate arguments. Our appellate lawyers have litigated numerous appeals in Connecticut, Massachusetts, New York, the First Circuit, the Second Circuit, and the U. S. Supreme Court.
For more information about the Appellate Practice Group, please contact
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