Business crime; the fiduciary client

Article Abstract:

The 9th Circuit ruled in United States v. Mett that the trial court had misapplied the fiduciary exception to the attorney-client privilege and the case provides an object lesson in the need for care, when the client serves as a fiduciary, in the conduct of the attorney-client relationship. The exception states that an attorney rendering a legal opinion to a fiduciary-client on the performance of fiduciary duties does not enjoy the attorney-client privilege.

Laws, regulations and rules, Fiduciary duties

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Business crime; waiver of privilege

Article Abstract:

A ruling by the US Court of Appeals for the 2d Circuit that a careful, case-by-case analysis must precede a finding that a corporate official has waived the corporation's attorney-client and work-product privileges against the corporation's wishes is discussed. The case, called In re Grand Jury Proceedings, was decided in 2000.

Cases, Corporate counsel, Privileges and immunities, Work product privilege (Law)

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Business crime; raising the stakes

Article Abstract:

Raising the stakes by subpoenaing the corporation's attorney to try to get at business records is discussed. The court declined to enforce the subpoena, ruling against harming the attorney-client privilege and thus the adversary system, when other sources for the evidence existed.

Usage, Corporations, Crime, Subpoena

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