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Undermining the Attorney-Client Privilege
Business Rights Watch ^ | Oct. 4, 2011 | Alexander R. Cohen

Posted on 10/05/2011 9:06:34 PM PDT by ARCLights

Should a lawyer be able to represent both a corporation and its employees? If a corporation’s executives and other employees can’t trust the company’s lawyer not to cooperate in their prosecution, how can anyone speak openly to that lawyer on behalf of the corporation?

These, the National Association of Criminal Defense Lawyers argued, were among the questions raised by the Third Circuit’s decision in United States v. Norris, which the Supreme Court this week declined to review. Morgan Crucible Co. had waived its attorney-client privilege as part of its cooperation with an antitrust investigation by the Department of Justice, and the government used this waiver to enable the attorney to testify in the criminal prosecution of Morgan’s ex-CEO, Ian Norris—even though the attorney had been representing both Morgan and Norris. . . .

(Excerpt) Read more at atlassociety.org ...


TOPICS: Business/Economy; Government
KEYWORDS: attorneyclient; dueprocess; individualrights; whitecollarcrime

1 posted on 10/05/2011 9:06:38 PM PDT by ARCLights
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To: ARCLights

Why not? This administration and their minions are undermining the rule of law. The attorney client privilege is part of that rule of law. So they undermine it.


2 posted on 10/05/2011 9:25:49 PM PDT by 17th Miss Regt
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To: ARCLights

I see you just joined FreeRepublic. Welcome.

Most FReepers would appreciate it if you were forthcoming with the material you’ve written. FR is a user supported site that encourages on-site discussion of news and opinion.

Unless you are making use of material from restricted sources, there’s no need to excerpt your own work. The good will and openness demonstrated by freely sharing your thoughts in full is much more likely to result in cross traffic to your site than excerpting as a tease for hits.

That said, this is a topic worthy of discussion. I personally believe that the attorney/client privilege should be considered in full force in the workplace as it would anywhere else, save for the case of employee malfeasance toward the employer.


3 posted on 10/05/2011 10:48:02 PM PDT by shibumi (Goi! Rode, Goi!)
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To: shibumi

Welcome to the site——just remember to think and not to react...

there is a serious conflict of interest in this matter...


4 posted on 10/05/2011 10:50:08 PM PDT by gman992 ("I'm a conservative. I'm just a happy conservative.")
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