A few weeks ago, the U.S. Supreme Court heard argument in a tax case about attorney-client privilege. See In re Grand Jury, No. 21-1397 (U.S. arg. Jan. 9, 2023). The outcome would have potentially had a real impact on how environmental practitioners think about environmental audits, environmental management systems, and other circumstances in which an environmental professional and a lawyer cooperate to analyze a client’s situation. But, perhaps because the oral argument so confused everyone, on Jan. 23, the court dismissed the case on the ground that certiorari had been improvidently granted. So now instead of guidance, we have uncertainty.

Click here to continue reading the full column, published by The Legal Intelligencer Feb. 2. Reprinted with permission.