United States v. Zolin case brief summary
491 U.S. 554 (1989)
CASE FACTS
Petitioner sought review of a judgment holding that petitioner's evidence that summoned materials were not subject to attorney-client privilege because they fell within the crime-fraud exception, which had to come from sources independent of the attorney-client communications contained within the materials.
DISCUSSION
CONCLUSION
Judgment requiring petitioner to use independent evidence to show materials subject to summons fell within the crime-fraud exception of the attorney-client privilege was vacated because an in camera inspection, by a district court, of materials sought by petitioner could have been used to determine whether the exception applied, after petitioner made a showing sufficient to support a reasonable belief that the in camera review would be useful.
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.
491 U.S. 554 (1989)
CASE SYNOPSIS
Petitioner sought review of a judgment
from the United States Court of Appeals for the Ninth Circuit, which
held that in order to show that materials subject to petitioner's
summons fell within the crime-fraud exception to the attorney-client
privilege, petitioner was required to use evidence from sources
independent of the attorney-client communications contained within
the materials sought.CASE FACTS
Petitioner sought review of a judgment holding that petitioner's evidence that summoned materials were not subject to attorney-client privilege because they fell within the crime-fraud exception, which had to come from sources independent of the attorney-client communications contained within the materials.
DISCUSSION
- The court held protection of attorney-client communications ceased to operate where the desired advice related to a future wrongdoing.
- The court further held that in camera review could be used to determine whether allegedly privileged attorney-client communications fell within the crime-fraud exception.
- Before a district court engaged in in camera review at the request of a party opposing the privilege, that party had to present evidence sufficient to support a reasonable belief that in camera review would have yielded evidence that established the exception's applicability.
- The threshold showing to obtain in camera review could be met by using any relevant evidence, lawfully obtained, that had not been adjudicated to be privileged.
- Accordingly, the judgment was vacated and the case was remanded for further proceedings.
CONCLUSION
Judgment requiring petitioner to use independent evidence to show materials subject to summons fell within the crime-fraud exception of the attorney-client privilege was vacated because an in camera inspection, by a district court, of materials sought by petitioner could have been used to determine whether the exception applied, after petitioner made a showing sufficient to support a reasonable belief that the in camera review would be useful.
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.
No comments:
Post a Comment