Attorney-Client Privilege (From White-Collar Crime: Fifth Survey of Law, P 1081-1092, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)

• NCJ Number: 120581
• Journal: American Criminal Law Journal Volume: 26 Issue: 3 Dated: (Winter 1989) Pages: 1081-1092
• Author(s): M K Skinner
• Date Published: 1989
• Length: 12 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines the procedures and impact of corporate invocation of the attorney-client privilege.

Abstract

Corporations as well as individuals can involve the attorney-client privilege during testimony or in response to discovery requests. Case law defining the corporate use of the attorney-client privilege is discussed, along with conditions constituting a waiver of the privilege and the crime-fraud exception. Individual and corporate clients may not invoke the attorney-client privilege to conceal consultations with an attorney on an illegal or fraudulent scheme. Attorneys can be subpoenaed to provide information on the identity of a client and the arrangements made by the client to pay attorneys' fees, provided the disclosure of this information does not implicate the client in the very criminal activity for which he sought legal advice. Even so, attorney subpoenas trouble many lawyers, for they erode the attorney-client privilege. Distinctions are drawn between attorneys' ethical obligations to clients and the attorney-client privilege. 97 footnotes.