Swidler & Berlin v. United States

SCOTUSCase
Litigants=Swidler & Berlin v. United States
ArgueDate=June 8
ArgueYear=1998
DecideDate=June 25
DecideYear=1998
FullName=Swidler & Berlin and James Hamilton, Petitioners v. United States
USVol=524
USPage=399
Citation=118 S. Ct. 2081; 141 L. Ed. 2d 379; 1998 U.S. LEXIS 4214; 66 U.S.L.W. 4538; 49 Fed. R. Evid. Serv. (Callaghan) 1; 40 Fed. R. Serv. 3d (Callaghan) 745; 159 A.L.R. Fed. 729; 98 Cal. Daily Op. Service 4932; 98 Daily Journal DAR 6932; 1998 Colo. J. C.A.R. 3175; 11 Fla. L. Weekly Fed. S 687
Prior=On writ of "cert." to the United States Court of Appeals for the District of Columbia Circuit
Subsequent=
Holding=Communications between a client and a lawyer are protected by attorney-client privilege even after the client's death.
SCOTUS=1994-2005
Majority=Rehnquist
JoinMajority=Stevens, Kennedy, Souter, Ginsburg, Breyer
Dissent=O'Connor
JoinDissent=Scalia, Thomas
LawsApplied=Attorney-client privilege

"Swidler & Berlin v. United States", 524 U.S. 399 (1998) [ [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=524&page=399 524 U.S. 399] Full text of the opinion courtesy of Findlaw.com.] , was a case in which the Supreme Court of the United States held that the death of an attorney's client does not terminate the attorney-client privilege with respect to records of confidential communications between the attorney and the client that have been subpoenaed in a grand jury proceeding.

The case revolved around efforts of Independent Counsel Kenneth Starr to gain access to notes taken by deputy White House counsel Vince Foster's attorney, concerning a conversation with Foster regarding the White House travel office controversy shortly before Foster's July 1993 suicide.

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* List of United States Supreme Court cases, volume 524

References