Attorney-Client Privilege

The Supreme Court has two cases on its docket pertaining to the attorney-client privilege, which protects communications between client and attorney. In Mohawk v. Carpenter, the Court will decide whether a trial court ruling that the privilege has been waived can be immediately appealed. Those who favor immediate appeals argue that absent an interim appeal, the disclosure of the arguably privileged information will occur and the damage will be done. Those opposing immediate appeals are concerned about the volume of interim appeals that could ensue and their impact on expeditious resolution of cases.

Under the Bankruptcy Abuse Prevention and Consumer Protection Act, attorneys and other professionals designated as "debt relief agencies" may not advise clients to incur additional debt if they are about to file for bankruptcy protection. In Milavetz v. United States, the Court will determine whether this restriction can be upheld as to attorneys advising clients.