Whatever your views
may have been on President Clinton's situation, there was an issue before
the United States Supreme Court which had far reaching implications for
the attorney-client privilege.
James Hamilton, the
attorney for Vincent Foster, took notes of a conversation he had with
Mr. Foster nine days before the former White House deputy's death. Special
Prosecutor Kenneth Starr was attempting to get copies of the notes. He
argued that the attorney-client privilege ceases upon the death of the
client. Mr. Hamilton, the attorney for Mr. Foster, argued that the attorney-client
privilege survives the death of a client.
Lawyers from across
the country were polled and most stated they believe the attorney-client
privilege does survive the client's death. This is also my own position.
This firm has protected
the attorney-client privilege even when clients have passed away. The
Supreme Court has upheld our belief that the privilege does indeed survive
the client's death. It allows clients to freely discuss matters with their
attorney. It would severely limit the ability of counsel to advise clients
if there is the fear that written notes and consultations with the clients
are not privileged and protected. |
