Wednesday, September 7, 2005
Reported here was the growing support for re-examination of the attorney-client privilege issue and the government requests for waiver. Prior posts showed that a strong coalition was building including the addition of a resolution by the ABA. (see more here).
As seen here, however, the government did not get the message - at least not completely- as the provisions of the KPMG deferred prosecution agreement require a waiver of the privilege in some instances.
But others are hearing the voices loud and clear. Adding to the list of those concerned about government requests for waiving the attorney-client privilege is the US Sentencing Commission. In 70 Federal Registrar No. 167, Aug. 30, 2005, here, the Sentencing Commission lists its upcoming priorities for the year as follows:
(6) Review, and possible amendment, of commentary in Chapter Eight (Organizations) regarding waiver of the attorney-client privilege and work product protections;
With the increased support, perhaps something will change.
(esp) (with thanks to the ABA for bringing this to the blog's attention)