Chapter 7

LEGAL ADVICE OR ASSISTANCE

A. PURPOSE OF CONSULTATION:
LEGAL ADVICE MUST BE SOUGHT BY CLIENT
§ 7:1 Generally
§ 7:2 Client Intent Problems in Corporate or Business Context
B. HOW MIXTURE OF LEGAL AND NONLEGAL
SERVICES AFFECTS STATUS OF CONFIDENTIAL
COMMUNICATIONS
§ 7:3 Generally
§ 7:4 Communications Serving Legal and Nonlegal Purposes--Which Portions of Communications Will Be Privilege?
C. PRIMARY PURPOSE OF CONSULTATION
§ 7:5 Generally
§ 7:6 Focus and Implications of Primary Purpose Requirement
§ 7:7 --Focus on Means of Communication
§ 7:8 --Focus on Segregable Portions of Communications
D. WHAT CONSTITUTES LEGAL ADVICE
OR ASSISTANCE
§ 7:9 Generally
E. TYPES OF ADVICE OR SERVICES
§ 7:10 Accounting/Legal Services: Lawyer Who is Accountant
§ 7:11 Custodian or Repository of Items
§ 7:12 Drafting
§ 7:13 --Press Releases
§ 7:14 --Real Estate Conveyances
§ 7:15 --Wills
§ 7:16 Investigative Services
§ 7:17 --Internal Investigations of Illegal Activities
§ 7:18 --Insurance Claims Investigation
§ 7:19 Legislative Services
§ 7:20 Ministerial or Support Services: Lawyer Serving As Messenger, Scrivener, Witness, or Conduit of Information or Materials
§ 7:21 Monitoring Compliance With Consent Decrees or Final Judgments
§ 7:22 Negotiations
§ 7:23 Patent Application Preparation and Prosecution
§ 7:24 Tax Advice and Services
§ 7:25 --Tax Return Preparation: Question of Confidentiality as Well as Legal Advice
§ 7:26 Other Services Held Not to Constitute Legal Assistance
F. LEGAL ADVICE REQUIRING SPECIAL EXPERTISE
§ 7:27 Attorney's Lack of Special Expertise Does Not Defeat Privilege Protection
G. PRESUMPTION OF LEGAL ADVICE
§ 7:28 Outside Counsel
§ 7:29 Inhouse Counsel
§ 7:30 Business Associate
H. SELF-INITIATED LEGAL ADVICE:
MUST EACH CONSULTATION HAVE BEEN
REQUESTED BY CLIENT?
§ 7:31 Generally
I. CLIENT'S MOTIVATION IN SEEKING LEGAL ADVICE
§ 7:32 Generally

Table of Contents
Chapter 7 of 12
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