NCJ Number
109435
Journal
Emory Law Journal Volume: 36 Issue: 3 Dated: (Summer 1987) Pages: 755-852
Date Published
1987
Length
98 pages
Annotation
These eight articles and essays reflect the views of academicians and attorneys in private practice regarding government interference into the attorney-client privilege, with emphasis on the issues of attorneys' fee forfeitures and attorney subpoenas.
Abstract
Analyses of fee forfeitures focus on the role of the Racketeer Influenced and Corrupt Organizations Act, the Continuing Criminal Enterprise Statute, and the Comprehensive Forfeiture Act of 1984. Emphasis is placed on the impact of these statutes in cases involving drug dealers, and constitutional, statutory, policy, and practical issues are explored. The applications of the Money Laundering Act of 1986 and other governmental demands for attorneys' disclosure of information intended to remain confidential are also examined. Arguments are presented for exempting legitimate attorneys' fees from forfeiture and for subpoenaing of attorneys to disclose information regarding their clients in certain cases. The relationship of the forfeiture debate to attorneys' economic self-interest and the disparities in the quality of representation available to rich and poor defendants are also discussed. Chapter footnotes. For individual papers, see NCJ 109436-41.