We take, we look, we share border search rules exposed Aug 5, 2008
Documents covered by attorney-client privilege cannot be searched and sealed and stamped US mail (carried by the US postal service) cannot be opened. Mail carried by individuals are still subject to examination. (TG Daily)
New laws effective in Minnesota Aug 5, 2008
According to the Star Tribune, one of the new laws requires government officials to electronically record closed meetings unless prohibited by attorney-client privilege. Government entities that willfully violate the state data practices act face a penalty up to 15,000. (Wahpeton Daily News, ND)
Get Ready for International Business Probes To Be Shared Aug 2, 2008
Six days before the Milan trial, Italian investigators, with local police, seized not only computers, but also trial preparation material protected by attorney-client privilege in the United States. Mayorkas said it was something that a U.S. prosecutor would never be permitted to do. (Law.com)
CCDC to hire search firm to replace president Jul 31, 2008
Maas said he wants to release the findings to the public, though he acknowleged parts of it may be withheld because of attorney-client privilege. Agency counsel Helen Holmes Peak said another roadblock to full disclosure is that personnel matters are private. (San Diego Union-Tribune)
More of this story Jul 29, 2008
Attorney-client privilege is not a foreign notion to the general public, he said. We re serving the community well when we use attorney-client privilege as a process to make wise decisions ... County Attorney Matthew Pyun Jr. said in a statement that attorney-client privilege rests with the client. (Lihue Garden Island, HA)
Oregon workers' comp rule shrouded in secrecy Jul 28, 2008
The agency, citing attorney-client privilege, would not produce the e-mail. Doctors and people who represent them acknowledge Shilts' authority to issue emergency rules. (OregonLive, OR -- Business)
Texas Lawyers Group Objects To Search Of Attorneys Office Jul 28, 2008
The Texas Criminal Defense Lawyers Association says the February search violated attorney-client privilege. Vera Elizabeth Guthrie-Nail of Carrollton was arrested in January in Carrollton and was charged in the death of her estranged husband, Craig William Nail, 36, who was shot repeatedly the day after Christmas at his home in Frisco. (KWTX.com, TX)
Spitzer May Yet Face Ethics Inquiry Jul 26, 2008
And there were many instances, from Spitzer aides trying to shield 109 documents from the commission under attorney-client privilege, to delaying the release of documents, to Spitzer's use of "Laurence," his rarely used middle name, as his only identifier in some office e-mails. Teitelbaum said he and the 13-member commission, created in 2007 as one of Spitzer's early attempts at government reform, decided during the probe not to pursue who was directing those obstacles. (WNBC.com, NY)
7th Annual Compliance and Ethics Institute Adds Speakers and New Sessions to Conference Program Jul 23, 2008
CCEP, Vice President, Corporate Integrity Strategy, Integrity Interactive Corporation, Day and Time: Monday, September 15, 2008, 1:30-2:30 PM -- Internal Audit: The Compliance Officer's Best Friend, presented by Michael J. Moody, CIA, CISA, CIG, Director of Compliance, Office for Audit and Advisory Services, Northwestern University Day and Time: Monday, September 15, 2008, 4:30-5:30 PM -- Key Recent Developments Regarding Attorney-Client Privilege, Work Product Protections and Indemnification,... (PR Newswire)
Holy Land Foundation Defendants Allege Court-Appointed Attorney Fees Unpaid Jul 23, 2008
The defendants note in the motion that they are intentionally addressing the funding issues in "vague terms as necessary to protect the attorney-client privilege." They do not provide specific numbers on the requested amounts. St. Amant says Elrod, who did not return a telephone call seeking comment before press time, cannot discuss "current pending administrative matters." St. Amant says that since the defendants filed their motion he has begun trying to determine what has happened in the HLF... (Law.com)
Dalton ruling continued until Aug. 11 Jul 23, 2008
Shapiro-Gibbons argued that Dalton has shown he understands court proceedings and can assist in his defense, as he did when he waived his right to a jury trial and waived attorney-client privilege to allow Ambrosio to testify to explain a note he had signed. Comments. (Palo Alto Online, CA)
Missing Florida Toddler Spotted? Jul 22, 2008
Baez offered no specific details on either claim, citing attorney-client privilege. Anthony was arrested for child neglect and lying to police after she reported Caylee missing last Wednesday. (ABC News)
Duncan's defense team wants him found incompetent Jul 18, 2008
The defense team also wants permission to strike from the report any statements Duncan made that would qualify as attorney-client privilege. Lodge said he would decide such requests on an individual basis. (Missoulian, MT)
Status Hearing In Duncan Death Penalty Case Open To All Jul 17, 2008
Thursday's hearing was to consider two issues that had been raised in sealed court documents: disclosure of expert witnesses involving evaluations of Duncan's mental competency, and a defense contention that attorney-client privilege and the work-product doctrine should protect some materials from being used in the case. Several news organizations, including The Associated Press and The Spokesman-Review of Spokane, Wash. (Q13.com, WA)
Free Sugar Bowl trips enrich UH 'pride' Jul 15, 2008
" The plan to have the foundation pay for all expenses and then receive reimbursement was devised as the UH Athletic Department struggled in December to figure out how to pay for the estimated $2 million in expenses for the Sugar Bowl, when the bowl payout would not be received until June -- after all the bills were due. The UH Foundation did pay about $13,733 for per diem expenses of some family members and UH guests and for some costs of receptions and gifts, UH Foundation Chief Financial... (Honolulu Star-Bulletin)
12 comments Jul 15, 2008
Attorney-Client Privilege. The attorney-client privilege is one of the most fundamental protections enabling innocent Americans to defend themselves against unjust criminal punishment, but federal law enforcement has nearly eviscerated it ... The Justice Department, most notably, has engaged in very aggressive tactics for investigating and prosecuting alleged corporate crime, to the point of effectively forcing companies to waive the attorney-client privilege. (Human Events Online)
first reported Jul 15, 2008
Feds say Ranbaxy faked test records - NJ.com. Tuesday, July 15, 2008. (NJ.com -- News)
The 'Coburn Omnibus' Jul 14, 2008
The attorney-client privilege is one of the most fundamental protections enabling innocent Americans to defend themselves against unjust criminal punishment, but federal law enforcement has nearly eviscerated it. The Justice Department, most notably, has engaged in very aggressive tactics for investigating and prosecuting alleged corporate crime, to the point of effectively forcing companies to waive the attorney-client privilege ... Groups ranging from the American Civil Liberties Union to The... (Human Events Online)
Attorney General Hints at Revision of McNulty Memo Jul 13, 2008
And then Mukasey dropped the bombshell: The so-called McNulty memorandum may be revised and is likely to be replaced by a new set of guidelines for the handling of attorney-client privilege in corporate fraud investigations ... "In particular, we will no longer measure cooperation by waiver of the attorney-client privilege." ... Specter, the lead sponsor of , had asked Mukasey what justified "coercing a waiver of the attorney-client privilege" and whether legislation is necessary. (Law.com)
Needed: Independent Panel To Evaluate SEC Enforcement Program Jul 8, 2008
--Examining the SEC's enforcement program from the point of view of due process, respect for prospective defendants' attorney-client privilege and work-product protection, the relationship of enforcement action to notice of legal requirements, the attribution of responsibility for violations, and the protection of reputation and rights of privacy of those with whom the SEC interacts. --Making recommendations on the appropriate blend of regulation, publicity and formal enforcement action and on... (Forbes)
Analysis: WAPS district spent $130,000 in legal fees since 2006 Jul 6, 2008
In the two-year period, the district also paid 24,505 in fees that legal invoices only classify as miscellaneous or miscellaneous matters, which Seeley said fall under an attorney-client privilege. Other districts. (Winona Daily News, MN)
'McNulty Memo' Triggers an Ultimatum Jul 4, 2008
A key senator's recent ultimatum to the to change its policy on waiver of attorney-client privilege in corporate investigations likely will determine the fate of pending legislation that would make those changes in the current Congress ... ranking minority member of the Judiciary Committee, reintroduced the "Attorney-Client Privilege Protection Act of 2008" a week ago ... " MCNULTY REQUIRES APPROVAL The McNulty memo states that waiver of attorney-client and work-product protections, while not... (Law.com)
Bar Complaint Filed Against Lawyer Scolded by Judge for 'Verbal Assault' Jul 3, 2008
McDaniel alleges in his complaint that Smith "made knowing misrepresentations of fact" to the judge related to a discussion about attorney-client privilege in the depositions at issue, and that in the second deposition Smith asked a witness he did not represent not to answer a question. Those actions, McDaniel says, violate Rules 3. (Law.com)
Judges Bristle at Loss of Perks Jul 2, 2008
Ramsey, the interim county attorney, confirmed that he was involved in the county manager's decision but said his comments would be limited by attorney-client privilege. Ramsey pointed to O.C.G.A. 36-1-11. (Law.com)
White House insiders refuse to shed light on interrogations Jun 29, 2008
Yoo briefly cited security clearance and attorney-client privilege -- which Nadler told him did not apply in Congressional testimony -- before reverting to his original response that he was following Justice Department advice. In an opening statement, Yoo said that his role in the administration had simply been to provide legal advice. (CNN)
Cheney aide Addington says he didn't write memos Jun 27, 2008
When Nadler told him he would have to give a specific reason, Yoo struggled, whispering with his lawyers before finally saying he could not violate attorney-client privilege or reveal classified information. The panel's Democrats grew increasingly irate, with several shouting at the witnesses. (Anchorage Daily News)
SMOC lawsuit bill reaches $147,000 Jun 27, 2008
As recently as last month, Richard Palmer, a town resident, had asked about the cost, only to have his question rejected on the basis of attorney-client privilege. Mediation between SMOC and the town has already fallen apart once. (Framingham TAB, MA)
Closed session draws protest Jun 26, 2008
One exception, she said, allows her to discuss a memorandum covered by attorney-client privilege with her clients, the oil and gas commission ... However, he added, the commission was within its rights to meet secretly to discuss Rees' memo, because that memo is covered by attorney-client privilege. (Durango Herald)
Attorney Wants Accused Killer Freed Over Taped Calls Jun 26, 2008
But Levine said he was shocked to hear of it, saying the recordings violate the sacred attorney-client privilege. He is also upset about a password protected system within the distict attorney's office where certain employees can listen in to those taped inmate calls. (NBCSandiego.com, CA)
Arpaio's probe of panel stirs questions Jun 26, 2008
Officials with both agencies declined to comment, citing attorney-client privilege. Type Size. (AZCentral -- News)
Case dismissal sought over recorded jail calls Jun 26, 2008
The defense lawyers say the recording violates the attorney-client privilege which says communications between a lawyer and a client are confidential and a state law that makes it a felony to eavesdrop on jail calls from inmates to lawyers. Authorities can record calls from inmates to others such as family or friends. (San Diego Union-Tribune)
Backers Expect Attorney-Client Privilege Bill to Pass Jun 25, 2008
A bill that would protect attorney-client privilege during federal investigations of corporations gained another major supporter Tuesday when Sen. Jim Webb, D-Va. (Law.com)
More cash needed for SMOC legal battle Jun 25, 2008
The town has rejected the requests, citing attorney-client privilege. Yesterday, Smith continued to toe that line, declining to divulge how much of the $150,000 remains for SMOC legal defense. (Framingham TAB, MA)
Judge Scolds Lawyer for 'Verbal Assault' of Opposing Counsel Jun 24, 2008
Smith alleged in his motion that Marshall "abruptly terminated the deposition before any additional questions were asked upon the witness claim of attorney-client privilege.". Sweat denied Smith's request for attorney fees, but granted Marshall's, which asserted that Smith's fee motion lacked substantial justification and was interposed for delay or harassment, and that Smith's questions in both depositions were deliberate and willful attempts to provoke. (Law.com)
State watches senior consultants Jun 24, 2008
A lawyer for the state says she has evidence to tie Walker to Medi-Cal fraud in the case settled last month, but couldn't use it because Walker asserted that attorney-client privilege protected the documents ... The injunction orders Walker to disengage the consulting work done by Senior Care Advocates from his legal practice and specifies that there is no attorney-client privilege in connection with the work done by the consulting firm. (Sacramento Business Journal, CA)
Funding cuts to delay emergency response Jun 23, 2008
Russ Willard, a spokesman for Georgia Attorney General Thurbert Baker, said Baker has been "in conversation" with the Department of Human Resources, but those talks, he said, are private because of attorney-client privilege. Residents of south Fulton will continue to receive emergency ambulance service with response times equal to most jurisdictions in the state, said Kristofer Schleicher, a lawyer for Rural/Metro. (Atlanta Journal-Constitution -- Metro)
Local Jail's Prisoner-Lawyer Calls Recorded Jun 23, 2008
SAN DIEGO -- A jailhouse system that recorded telephone calls from inmates, including those made to their lawyers, has been disabled, but defense lawyers are outraged by the apparent violation of attorney-client privilege, 10News reported. A Sheriff's Department lawyer, Sanford Toyen, told The San Diego Union-Tribune the recordings were made because of an inadvertent glitch. (TheSanDiegoChannel.com, CA)
Polygamist Leader's Daughter Wants New Lawyer Jun 23, 2008
"It's really not in any child's interest to waive their attorney-client privilege. I'm not going to fight with her in the media.". Jeffs said she plans to appear Wednesday before a grand jury opening a criminal investigation into the polygamist group. (CBS News -- US)
What's going on behind the closed door? Jun 22, 2008
Your Connection to the. Web Search powered by YAHOO. (Athens Banner-Herald)
Attorney-client jail calls recorded Jun 22, 2008
She said she takes any breach of the attorney-client privilege seriously. But she said she was not aware of any instance in which a prosecutor or a district attorney's investigator listened to any protected conversations between lawyers and clients. (San Diego Union-Tribune)
Former U.S. Attorneys Assail McNulty Memo Jun 21, 2008
In the latest assault on the McNulty memo, a bipartisan group of 32 former U.S. Attorneys has written a letter to the chairman of the Senate Judiciary Committee, asking him to hold a vote on a bill that would shore up attorney-client privilege for corporations. The letter to Sen. (Law.com)
Antitrust Amnesty Deal Blows Up in DOJ's Face Jun 21, 2008
They asked Stolt to waive attorney-client privilege so that they could talk with ex-GC O'Brien. Curran said Stolt would consider a waiver, but it later refused. (Law.com)
Town denies man's request on SMOC legal spending Jun 20, 2008
On May 22, the town told Palmer his request had been denied, citing attorney-client privilege ... Like Palmer's request, many of Paul's questions went unanswered, with attorney-client privilege trumping such inquiries, according to the town. (Framingham TAB, MA)
City attorney refuses News-Sun request (247) Jun 19, 2008
While Benavidez did not respond to the News-Sun in early May, Vivian said she was told to state that he would not provide the invoices because they were protected under attorney-client privilege ... The city's position on the matter is that under Arizona law, the attorney-client privilege is codified both in the civil and criminal contexts. (Benson San Pedro Valley News Sun, AZ)
Dalton competency trial ends -- ruling July 22 Jun 15, 2008
The first was when he waived his right to a jury trial and the second was when he waived his right to attorney-client privilege to allow his attorney to explain a note he had signed about keeping his prior medical records sealed. Both of those instances show that Dalton can assist in his own defense, Gibbons-Shapiro argued. (Palo Alto Online, CA)
Morton denies Children's Theatre conflict Jun 12, 2008
City Attorney Gary Baum said he could not disclose his advice to council members due to attorney-client privilege. "I certainly went over the issues with (Morton)," Baum said Wednesday. (Palo Alto Online, CA)
Ketchum city attorney turns in resignation Jun 12, 2008
Attorney-client privilege prevents me from saying more, Worst said. Mayor Hall said the city might hire a city attorney on contract from an outside firm. (Wood River Journal, ID)
Suicides Follow Child Pornography Prosecutions Jun 7, 2008
While Harrison died before Judge Phyllis Hamilton could rule, Prather's prospects wouldn't have been good: Last month, after Harrison's death, the 9th U.S. Circuit Court of Appeals upheld the government's practice of searching laptops at the border, though that case didn't involve an attorney-client privilege claim. "Not a single court has stated that attorneys, or their computers, are subject to greater Fourth Amendment protections than other persons," the government wrote in opposing... (Law.com)
Scranton City Council mulls McDowell subpoena Jun 5, 2008
Because he is the office s former solicitor, Mr. Rinaldi said he must observe attorney-client privilege with the Scranton Single Tax Office until authorized to speak ... Attorney-client privilege does apply to the relationship between a governmental entity and its solicitor, said Matthew Battersby, a Pennsylvania Bar Association expert who practices in Fairfield, Adams County. (Scranton Times, PA)
Tests to see if SDG&E shares Witch fire blame Jun 3, 2008
It's a classic attorney-client privilege situation, she said. A 10-page document, titled General Protocol for the Inspection & Testing of Evidence Witch Creek Wildfire Area, however, explains what is going on. (San Diego Union-Tribune)
Five great Canadian art heists May 31, 2008
He continues to remain tight-lipped, citing attorney-client privilege. Recommend this article. (Globe and Mail -- Entertainment)
Thomas once scoffed at attorney-client rule May 30, 2008
When Maricopa County Attorney Andrew Thomas went to court Tuesday to curtail the Arizona State Bar's investigation of alleged ethical violations by people in his office, he argued, among other things, that the Bar was infringing on attorney-client privilege ... "The attorney-client privilege is a rule of evidence that holds that communications between a lawyer and his client are 'privileged,' not admissible in court as evidence. "The rule thus allows the defendant to confide his guilt to his... (AZCentral -- News)
Ex-Baker & McKenzie Partner Indicted for the Second Time May 28, 2008
One of the clients that placed escrow funds with Weisberg, over the firm's turning over of the company's documents to prosecutors in alleged violation of attorney-client privilege. But William J. Linklater, a partner who acts as spokesman for the firm, said recently the case had been resolved with the firm returning SIAM's documents. (Law.com)
Thomas to high court: Make Bar back off May 28, 2008
And he worries that the Bar investigation threatens the integrity of "attorney-client privilege." Wilenchik was purportedly ordered to give up information he considered privileged. Furthermore, the petition alleges that one complaint came after retired Superior Court judges asked the Bar to "do something about" Thomas. (AZCentral -- News)
Year-round will be by consent May 28, 2008
Citing attorney-client privilege, the board voted 5-1 to go behind closed doors to discuss the situation with Majestic. Ron Margiotta was the lone dissenter. (News & Observer)
Tempe contract process questioned May 25, 2008
Citing attorney-client privilege, Ching said he would not comment specifically on the memo. But he said the restrictions were meant to prevent any "undue influence" or "lobbying" during the period when the RFP was issued and the contract awarded. (AZCentral)
More of this story May 25, 2008
Legal advice on matters such as pending litigation or personnel, however, should be kept confidential under attorney-client privilege, he said. The councilman cited Maui County as an example of a government body that has decided as policy to make public its legal opinions relating to questions of law. (Lihue Garden Island, HA)
Hutson didn't violate order on city contract May 17, 2008
Citing attorney-client privilege, City Attorney Andrew Ching said he would not comment specifically on. questions raised in media reports about Hutson sending a mailer to Professional Medical Transport president Bob Ramsey. (AZCentral)
Terror's Advocate May 16, 2008
What is startling is the extravagant way he claimed a moral imperative for his work, and the enthusiasm with which he put the convention of attorney-client privilege at the service of his employer. In effect, he became a go-between, a secret channel of communication for imprisoned activists (as one puts it: "There is no telephone in a prison cell") and perhaps a channel of a whole lot more: a one-man diplomatic bag chock-full of information, support, ideas and contacts. (Guardian Unlimited -- Arts)
Consultants continue zoning law revisions May 16, 2008
Supervisor Gregg Pulver said copies of the draft law presently are not available to the public, but are protected by attorney-client privilege as an "intra-agency document.". Franson said she had been working with Replansky to reorganize the proposed law into a typical zoning law format. (Pine Plains Register Herald, NY)
11th Circuit Puts the Brakes on Privacy Suit Against Law Firm May 13, 2008
The appeals court also refused to consider whether the law firm waived attorney-client privilege under a work-product exception because the discovery issue wasn't raised before Martinez. "We were pleased with the decision and thought it correctly decided for reasons both stated in the opinion and in our briefs," said David Palmer Hartnett of Hinshaw & Culbertson of Miami, who represented Hartz and the law firm. (Law.com)
On the Agenda May 11, 2008
11 (a)(3) attorney-client privilege. Public hearing. (Washington Daily News, NC)
Suspect Pleads Not Guilty In Partner's Slaying May 10, 2008
During the brief hearing, Burris complained that deputy sheriffs at the jail had removed items from Robinson's cell that were protected under the attorney-client privilege. Jewett, in turn, accused Robinson of using a jail phone to ask friends to gather up or destroy relevant real estate records. (San Francisco Chronicle -- Crime)
Attorney, sheriff discussions ruled confidential May 10, 2008
The court determined the conversations are confidential due to attorney-client privilege. Crooks was terminated by Lynch and given a letter stating seven reasons for his dismissal on April 12, 2007, according to court documents. (Charles City Press, IO)
Judge May Make CIA Torture Memo Public May 9, 2008
U.S. District Judge Alvin K. Hellerstein issued the order after he had earlier said the 18-page memo did not have to be turned over to the American Civil Liberties Union because it was protected by attorney-client privilege. The ACLU said it believes the memo includes a section addressing the subject of waterboarding, which simulates drowning. (CBS News)
