This Note explores the reasoning and factors used by each of the federal circuits in deciding whether or not to uphold attorney-client privilege between the government and the lawyers representing it. After considering those factors, this Note argues that there should be a categorical rule that neither a state nor the federal government may invoke the attorney-client privilege in response to a criminal grand jury subpoena. To justify this conclusion, this Note outlines how current government attorney-client privilege case law, as well as the policy underpinnings of the privilege itself, dictate that a categorical rule is appropriate.
Luke Charette, In re Government Attorney-Client Privilege: A Categorical Rule to Settle the Issue, 76 Wash. & Lee L. Rev. Online 33 (2019), https://scholarlycommons.law.wlu.edu/wlulr-online/vol76/iss1/2