Wednesday, September 7, 2005

Attorney-Client Privilege Issue Gaining Even More Support-Add the Sentencing Commission

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)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2005/09/attorneyclient_.html

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