The Dominant Purpose Test
The court of appeal in 2,022 Ranch, reaching its decision to have the trial court look at each document, relied on what it described as the dominant purpose test. The “dominant purpose test” is applied to determine if a privilege exists to a communication or not. Where it is clear that a communication between an attorney and his or her client has a single purpose, there is little difficulty in concluding that the privilege should be applied or withheld accordingly.
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