The Attorney-Client Privilege and the 'Complete Lawyer': More than Mere Legal Advice

In a recent decision, Pritchard v. Erie County, No. 06-2459-op (Jan. 3, 2007), the 2nd U.S. Circuit Court of Appeals held that a client does not forfeit the protection of the attorney-client privilege merely because that client has the good sense or good fortune to have hired a lawyer who is able not only to tell the client what the law is, but can also make recommendations and advise the client on how the client should proceed given the status of the law.

Kevin Allen, The Attorney-Client Privilege and the 'Complete Lawyer': More than Mere Legal Advice, Law.com, March 6, 2007. The case concerns strip searches of arrestees in Erie County, PA. During discovery, the county withheld from plaintiffs a series of emails in which a county attorney not only discussed the law but also assessed the county's current policies, recommended changes, and monitored the changes.