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Article • August 1, 1999 • from P&J August, 1999
U.S. v. Mett, No. 97-10504 (9th Cir.) (178 F.3d 1058) (June 1, 1999) (Judge Betty Binns Fletcher) by This case is noted for its extensive discussion of the "fiduciary exception" to the attorney client privilege which, in the ERISA context, provides that an employer/fiduciary is disabled from asserting the privilege …
Article • May 1, 1999 • from P&J May, 1999
In Re Subpoenaed Grand Jury Witness, No. 98-3545 (7th Cir.) (171 F.3d 511) (March 23, 1999) (Judge Terrence T. Evans) by This decision addresses an important issue: Can an attorney lawfully decline to disclose who paid his fees? As will be seen the answer to that question is both unclear …
Article • February 1, 1998 • from P&J February, 1998
U.S. v. Bauer, No. 97-10046 (9th Cir.) (132 F.3d 504) (December 22, 1997) (Judge Thomas G. Nelson) by The defendant in this case was convicted of concealing assets and making false statements in connection with his bankruptcy petition. His sole defense at trial was that he did not possess the …
Article • December 1, 1997 • from P&J November, 1998
In Re Sealed Case, No. 97-3006 (D.C. Cir.) (129 F.3d 637) (November 21, 1997) (Per Curiam) by Court refused to reconsider en banc previous decision reported at 124 F.3d 230 holding that attorney-client privilege does not survice the client's death.
Article • November 1, 1997 • from P&J November, 1997
Gerald B. Lefcourt, P.C. v. U.S., No. 96-6151, No. 871 (2nd Cir.) (125 F.3d 79) (September 10, 1997) (Judge John M. Jr. Walker) by In this case the Second Circuit upheld the imposition of a $25,000 fine against Attorney Gerald Lefcourt, President of the NACDL, for his failure to disclose …
Article • November 1, 1997 • from P&J November, 1997
In Re Sealed Case, No. 97-3006 (D.C. Cir.) (124 F.3d 230) (August 29, 1997) (Judge Stephen F. Williams) by This case arose out of a grand jury investigation into the firing of White House travel office employees; and it involved the enforcement of grand jury subpoenas for notes of a …
Article • November 1, 1997 • from P&J November, 1997
In Re Sealed Case, No. 97-3006 (D.C. Cir.) (124 F.3d 230) (August 29, 1997) (Judge Stephen F. Williams) by Here the court held that, after death of attorney, the attorney-privilege may not always be available in criminal proceedings; and it reviewed in detail the purposes and origins of the privilege. …
Article • November 1, 1997 • from P&J November, 1997
Gerald B. Lefcourt, P.C. v. U.S., No. 96-6151, No. 871 (2nd Cir.) (125 F.3d 79) (September 10, 1997) (Judge John M. Jr. Walker) by Case affirmed civil penalty on lawyer for failing to file proper IRS Form 8300 identifying name of client who paid cash for legal services.
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Jacobs, No. 96-1341 (2nd Cir.) (117 F.3d 82) (July 7, 1997) (Judge Richard D. Cudahy) by As the Government increasingly seeks to attack defense counsel who represent defendants in drug cases, this case presents a timely analysis of the "crime-fraud exception" to the attorney-client privilege. The Court explained …
Article • June 1, 1997 • from P&J June, 1997
U.S. v. Evans, No. 97-1120 (7th Cir.) (113 F.3d 1457) (May 6, 1997) (Judge Walter J. Cummings) by The defendant in this case faced a fairly common - and important - problem. His "family" lawyer was not a criminal defense attorney; so, when the defendant became involved in a criminal …
Article • April 1, 1997 • from P&J April, 1997
In Re Sealed Case, No. 96-3085 (D.C. Cir.) (107 F.3d 46) (March 4, 1997) (Judge A. Raymond Randolph) by The Court emphasized that two conditions must be met before the crime fraud exception can be invoked:, namely the client must have made or received the otherwise privileged communication with the …
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