Tennessee Supreme Court rules that attorney-client privilege extends to outside consultants and other third parties

In a unanimous opinion, the Tennessee Supreme Court has held that the attorney-client privilege protection applies between a business’s attorneys and a third party when the third party acts as the "functional equivalent" of an employee and when the communications relate to the attorney’s representation of the business and were intended to be confidential. The court's decision referred to the fact that it is increasingly common for businesses to use outside consultants and other independent contractors.