Wednesday, August 10, 2005

ABA Takes Stand on Government's Demands for Attorney-Client Privilege Waivers

The ABA Lawyers' Manual on Professional Conduct reports here (subscription required) that the ABA House of Delegates passed a resolution regarding the attorney-client privilege and the government's practice of trying to obtain a waiver of that privilege. The Task Force's recommendation, however, was not in fact the language passed by the House of Delegates as the House of Delegates decided to take a stronger stand against the government practice.  Stay tuned on exactly what was passed.

The National Association of Criminal Defense Lawyers (NACDL) has also been at the forefront of this issue. Past NACDL President Gerald Lefcourt testified before the ABA Task Force and an Executive Summary of the NACDL Report titled, "The Attorney-Client Privilege is Under Attack" can be found here.

For background information on the ABA task committee reports see here.

(esp)

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