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Second Circuit says government lawyers have privilege too.

Publication: Trial
Publication Date: 01-MAY-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The attorney-client privilege applies to government lawyers as well as attorneys representing private citizens or businesses, the Second Circuit has ruled. The appeals court reversed an order compelling a former lawyer for the Connecticut governor's office to testify before a grand jury in a federal criminal investigation of the governor and his staff. The ruling splits with three other circuits.

"The argument for letting state officials claim [this] privilege is that ... encouraging officials to seek advice and to communicate confidentially furthers governmental goals more effectively than a system in which no privilege is recognized in criminal investigations," said Professor Stephen Saltzburg, a privilege-issues expert at George Washington University Law School in Washington, D.C....

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