Upjohn v. United States
Encyclopedia
Upjohn Co. v. United States, 449 U.S. 383
(1981), was a Supreme Court case in which the Court
held that a company could invoke the attorney-client privilege
to protect communications made between company lawyers and non-management employees. In doing so, the Court rejected the narrower control group test that had previously governed many organizational attorney-client privilege issues. Under the control group test, only employees who exercised direct control over the managerial decisions of the company were eligible to have their communications with corporate lawyers protected.
The case also expanded the scope of the work-product doctrine.
, which had held that the attorney-client privilege did not apply to communication between Upjohn's middle management officials and the company's attorneys. The Sixth Circuit had also ruled that the work-product doctrine did not apply to the tax summons the company had received as a result of some of its unlawful business practices.
wrote the opinion of the Court in which it reversed the Sixth Circuit's holding. The Supreme Court held that the communications of lower ranking employees were protected by attorney-client privilege when protection was necessary to defend against litigation. The Court also reversed and remanded the tax summonses issue.
Chief Justice
Warren Burger wrote a concurring opinion in which he supported the Court's decision, but advocated a clear bright-line that would privilege any employee or former employee's communications with attorneys, if the attorney's inquiry was authorized by management, and was designed to asses legal responses or issues with regard to the employee's conduct.
Upjohn is considered one of the leading cases on attorney-client privilege.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1981), was a Supreme Court case in which the Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that a company could invoke the attorney-client privilege
Attorney-client privilege
Attorney–client privilege is a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential....
to protect communications made between company lawyers and non-management employees. In doing so, the Court rejected the narrower control group test that had previously governed many organizational attorney-client privilege issues. Under the control group test, only employees who exercised direct control over the managerial decisions of the company were eligible to have their communications with corporate lawyers protected.
The case also expanded the scope of the work-product doctrine.
Background, procedural posture and issues
The case was taken by the Court on appeal from the United States Court of Appeals for the Sixth CircuitUnited States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
, which had held that the attorney-client privilege did not apply to communication between Upjohn's middle management officials and the company's attorneys. The Sixth Circuit had also ruled that the work-product doctrine did not apply to the tax summons the company had received as a result of some of its unlawful business practices.
Decision of the Court
In a unanimous 9-0 decision, Justice William RehnquistWilliam Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
wrote the opinion of the Court in which it reversed the Sixth Circuit's holding. The Supreme Court held that the communications of lower ranking employees were protected by attorney-client privilege when protection was necessary to defend against litigation. The Court also reversed and remanded the tax summonses issue.
Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Warren Burger wrote a concurring opinion in which he supported the Court's decision, but advocated a clear bright-line that would privilege any employee or former employee's communications with attorneys, if the attorney's inquiry was authorized by management, and was designed to asses legal responses or issues with regard to the employee's conduct.
Upjohn is considered one of the leading cases on attorney-client privilege.
See also
- List of United States Supreme Court cases, volume 449
- Federal Rules of EvidenceFederal Rules of EvidenceThe is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
- Attorney-client privilegeAttorney-client privilegeAttorney–client privilege is a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential....
- Work product doctrineWork product doctrineIn American civil procedure, the work-product doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel...