Foster privilege ruling may help Bruce Lindsey

Article Abstract:

Special Prosecutor Kenneth Starr was turned down in Swidler & Berlin v. United States, as the Supreme Court ruled on June 25, 1998 that Starr could not breach the attorney-client privilege by seeing the notes former White House attorney Vince Foster, now dead, took during a meeting with a Swidler and Berlin attorney in connection with the Travelgate investigation. Starr's fallback position, used by the US Circuit Court of Appeals for the District of Columbia, allowing the breaching of the privilege if the communications were substantially important to a criminal case, was also rejected.

Records and correspondence, Foster, Vince

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D.C. Circuit trims client privilege: court says attorney-client shield doesn't survive death

Article Abstract:

The US Court of Appeals for the District of Columbia ruled in In re Sealed Case that the attorney-client privilege, when involved in criminal proceedings, does not necessarily survive a client's death. The case involved Whitewater Independent Counsel Kenneth W. Starr's appealed to dismiss a subpoena for notes he took on a conversation with the late White House Deputy Counsel Vincent W. Foster Jr. Common law has protected the privilege even after death, but some law scholars do not believe it should continue to be protected.

Cases, Foster, Vincent W., Jr., Subpoena, Starr, Kenneth W.

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Attorney-client privilege for bean counters?

Article Abstract:

The IRS is making changes in legal practice before the agency including applying the attorney-client privilege also to non-lawyers. The House Ways and Means Committee approved the IRS Restructuring and Reform Act of 1997 which includes a provision extending the attorney-client common-law privilege of confidential communications to taxpayers and anyone who represents them before the agency.

Public Finance Activities, Finance, taxation, & monetary policy, Internal Revenue Service

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