Posted by: evanjdavis | June 20, 2022

EVAN DAVIS Quoted in Law360 on Chamber, Groups Tell Justices To Back Firm In Privilege Case

Evan Davis represents a law firm in a cutting-edge dispute about whether communications with a lawyer for both legal advice and other reasons are protected by the attorney client privilege.  This is the second legal privilege case that Evan has handled in the trial court and on appeal in the Ninth Circuit, and the present case is being considered by the U.S. Supreme Court as there are now different tests applied in three judicial circuits. 

The U.S. Chamber of Commerce and legal groups recently weighed in to support Evan’s brief, and urged the U.S. Supreme Court to find Evan’s client’s (a tax law firm) communications are protected by attorney-client privilege and that the Ninth Circuit ruling to the contrary risks eroding the bedrock legal principle.

The Chamber of Commerce, the California Lawyers Association, and the Washington Legal Foundation, “told the justices in amicus briefs that they should wade into the dispute over the applicability of attorney-client privileges to client communications involving both legal and nonlegal advice.”

“Evan J. Davis of Hochman Salkin Toscher Perez PC, told Law360 on Wednesday that the amicus briefs effectively addressed the practical ramifications of the Ninth Circuit decision. He’s hopeful that the justices will take on the case, he added.”

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