In-House Interrogatory

Asked: Our weekly question to the In-House community

The Supreme Court of Illinois last month made a decision in favor of the corporate counsel community.

The court ruled that attorney-client privilege still exists in a business transaction after exchanging legal advice during negotiations, Corporate Counsel reported.

The case dealt with three shopping mall companies who shared legal advice during business transactions on a partnership agreement. Each company obtained advice from their respective attorneys and talked about it with each other.

The plaintiffs argued the defendants waived attorney-client privileges by talking about this with each other.

Though a trial court ruled in favor of the plaintiffs and a state appeals court upheld the ruling, the state supreme court overturned it.

So, here’s our question for you:

Do you agree with the state supreme court’s decision? Does sharing legal knowledge during a business transaction waive attorney-client privilege?

Leave a comment below or email me.

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