Prosecutors have increasingly used grand juries to compel defense attorneys to disclose client administrative data such as clients' names, fee amounts, or third-party fee payments. A majority of the federal circuit courts protect administrative information only if disclosure would reveal the substance of previous attorney-client conversations. In contrast, a minority of the circuits protect such information when disclosure would incriminate a client in the case at bar. This Comment argues that neither of the current doctrines accomplishes the goals of the attorney-client privilege. Instead, a doctrine that combines the majority and minority views would more effectively promote the policies underlying the attorney-client privilege.
David B. Merchant,
Defense Counsel as Prosecution Witness: A Combined Doctrine to Govern Attorney Disclosure,
66 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol66/iss4/7