Attorney-Client Privilege: Minnesota Recognizes the Common-Interest Doctrine

In Energy Policy Advocates v. Ellison, the Minnesota Supreme Court recently adopted the common-interest doctrine which preserves attorney client privilege over communications and work product shared with third parties who share a common legal interest. The decision adds to the growing consensus in state and federal courts recognizing the need for joint-defense privilege protections so attorneys can effectively represent their clients and communicate with third parties.

In this University of St. Thomas Law Journal article, partner George Singer provides analyzes the history of attorney client privilege and the evolution of the joint client exception or common interest doctrine, the Court's reasoning in Ellison, criteria that must be met, and practical considerations for attorneys to preserve common interest privilege.

Read the full article here: https://ir.stthomas.edu/ustlj/vol19/iss3/8/