Upjohn v. United States

SCOTUSCase
Litigants=Upjohn v. United States
ArgueDate=November 5
ArgueYear=1980
DecideDate=January 13
DecideYear=1981
FullName=Upjohn Company, et al. v. United States, et al.
USVol=449
USPage=383
Citation=101 S. Ct. 677; 66 L. Ed. 2d 584; 1981 U.S. LEXIS 56; 49 U.S.L.W. 4093; 81-1 U.S. Tax Cas. (CCH) P9138; 1980-81 Trade Cas. (CCH) P63,797; Fed. Sec. L. Rep. (CCH) P97,817; 47 A.F.T.R.2d (RIA) 523; 30 Fed. R. Serv. 2d (Callaghan) 1101
Prior=Certiorari to the United States Court of Appeals for the Sixth Circuit
Subsequent=
Holding=(1) District Court's test, of availability of attorney-client privilege, was objectionable as it restricted availability of privilege to those corporate officers who played “substantial role” in deciding and directing corporation's legal response; (2) where communications at issue were made by corporate employees to counsel for corporation acting as such, at direction of corporate superiors in order to secure legal advice from counsel, and employees were aware that they were being questioned so that corporation could obtain advice, such communications were protected; and (3) where notes and memoranda sought by government were work products based on oral statements of witnesses, they were, if they revealed communications, protected by privilege, and to extent they did not reveal communications, they revealed attorney's mental processes in evaluating the communications and disclosure would not be required simply on showing of substantial need and inability to obtain equivalent without undue hardship.
SCOTUS=1975-1981
Majority=Rehnquist
JoinMajority=Brennan, Stewart, White, Marshall, Blackmun, Powell, Stevens, Burger (parts I, III)
Concurrence=Burger
LawsApplied=

"Upjohn Co. v. United States", 449 U.S. 383 (1981)ref|citation, was a case in which the Supreme Court of the United States held that lower-level employees could invoke attorney-client privilege.

The Court heard arguments on appeal from the United States Court of Appeals for the Sixth Circuit, which had held that attorney-client privilege did not apply to communication between Upjohn's middle management officials. The Sixth Circuit had also ruled that the work-product doctrine did not apply to the tax summons the company had received as a result of some of its unlawful business practices.

In a unanimous 9-0 decision, Justice William Rehnquist wrote the opinion of the Supreme Court in which it reversed the Sixth Circuit's holding. The Supreme Court held that the communications of lower ranking employees were protected by attorney-client privilege when protection was necessary to defend against litigation. The Court also reversed and remanded the tax summonses issue. Chief Justice Warren Burger wrote a concurring opinion in which he expanded upon the scope of attorney-client privilege.

The "Upjohn" case is considered one of the leading cases on attorney-client privilege in the American legal system.

ee also

* List of United States Supreme Court cases, volume 449

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=449&page=383 449 U.S. 383] Full text of the opinion courtesy of Findlaw.com.
* [http://www.oyez.org/cases/1980-1989/1980/1980_79_886/ Hear the oral arguments from the case on Oyez] .