 | U.S. Nuclear Regulatory Commission - Nuclear energy - 1993 - 518 pages
...the course of its opinion, at 449 US 390, 66 L. Ed. 2d 592, the Court stated: [T]he privilege exists to protect not only the giving of professional advice...lawyer to enable him to give sound and informed advice. . . . Then, at 449 US 391-92, 66 L. Ed. 2d 592-93, the Court quotes Diversified Industries, Inc. v.... | |
 | United States. Supreme Court - Courts - 1982 - 1208 pages
...are concerned. Pp. 389-397. (a) The control group test overlooks the fact that such privilege exists to protect not only the giving of professional advice...lawyer to enable him to give sound and informed advice. While in the case of the individual client the provider of information and the person who acts on the... | |
 | United States. Federal Communications Commission - Communication policy - 1984 - 1392 pages
...or advocacy depends upon the lawyer's being fully informed by the client."16 The privilege "exists to protect not only the giving of professional advice...the lawyer to enable him to give sound and informed advice."16 As in the instant proceeding, the communications were made by corporate employees to counsel... | |
 | Dan K. Webb, Robert W. Tarun, Steven F. Molo - Law - 2023 - 1436 pages
...expressly rejected the control group test, reasoning that it "overlooks the fact that the privilege exists to protect not only the giving of professional advice...the lawyer to enable him to give sound and informed advice."36 It went on to point out that in the context of a corporation, employees beyond the control... | |
 | United States. Tax Court - Taxation - 1995 - 836 pages
...the attorney-client privilege, the Supreme Court indicated that although the privilege protects 415 "not only the giving of professional advice to those...to enable him to give sound and informed advice," id. at 390, "the privilege only protects disclosure of communications; it does not protect disclosure... | |
 | Daniel Riesel - Law - 2023 - 1182 pages
...corporation's counsel to be protected. In reversing, the Supreme Court held that "the privilege exists to protect not only the giving of professional advice...the lawyer to enable him to give sound and informed advice."45 Sometimes, the court noted, the information needed by the counsel must come from those employees... | |
 | Jerome G. Snider, Howard A. Ellins, Michael S. Flynn - Law - 2023 - 870 pages
...usually senior management.3 Such a test, the Court stated, overlooks the fact that the privilege exists to protect not only the giving of professional advice to those who act on it, but also the transmission of information necessary for a lawyer to give sound and informed... | |
 | Matthew B. Schiff, Linda C. Kramer - Business & Economics - 2000 - 596 pages
...fraud.110 In Upjohn Co. v. United States,™ the US Supreme Court explained that "the privilege exists to protect not only the giving of professional advice...giving of information to the lawyer to enable him to provide sound and informed advice. The first step in resolution of any legal problem is ascertaining... | |
 | Edna Selan Epstein - Business & Economics - 2001 - 786 pages
...concluded that the control group test (1) overlooked the fact that the attorneyclient privilege exists to protect not only the giving of professional advice...the giving of information to the lawyer to enable the lawyer to give sound and informed advice; (2) frustrated the very purpose of the privilege by discouraging... | |
 | Jonathan M. Hoff, Lawrence A. Larose, Frank J. Scaturro - Business & Economics - 2002 - 706 pages
...this theoretical awkwardness, stating that such a view Overlooks the fact that the privilege exists to protect not only the giving of professional advice...the lawyer to enable him to give sound and informed advice."W.. 449 US at 390. The availability of the attorney-client privilege to a corporation involved... | |
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Such a view, we think, overlooks the fact that the privilege exists to protect not only the giving of professional advice to those who can act on it but also the giving of information to the lawyer to enable him to give sound and informed advice. 
