U.S. Focus: Attorney-Client Conversations
Privileged or fair game? More attorneys are being subpoenaed, experts say, citing Connecticut case
BY JOHN CHRISTOFFERSEN AND MATT APUZZO
THE ASSOCIATED PRESS Sep 22, 2004
HARTFORD, Conn. Over the past 15 years, federal prosecutors in Connecticut have indicted four mayors, taken down the state treasurer, put palm-greasing bankers behind bars and won a guilty plea from a top aide to the governor. But in the past four months, their corruption probe of former Gov. John G. Rowland's administration has taken a particularly aggressive turn.
The prosecutors have subpoenaed records from two defense attorneys, demanded the testimony of Rowland's former legal adviser and seized materials from a private investigator.
While some Connecticut attorneys have decried such attempts to pierce the veil of attorney-client confidentiality, experts say more and more prosecutors around the country are employing such tactics in trying to build difficult cases.
"The tactics in Connecticut are not unusual anymore," said Joseph DiGenova, a former U.S. attorney for the District of Columbia, now in private practice. "There is a national assault on attorneys all over the country."
DiGenova himself was subpoenaed by prosecutors investigating alleged corruption involving one of his clients in Delaware.
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