SWIDLER & BERLIN v. UNITED STATES

No. 97-1192.

524 U.S. 399 (1998)

SWIDLER & BERLIN et al. v. UNITED STATES

United States Supreme Court.

Decided June 25, 1998.


Attorney(s) appearing for the Case

James Hamilton, pro se, argued the cause for petitioners. With him on the briefs was Robert V. Zener.

Brett M. Kavanaugh argued the cause for the United States. With him on the brief were Kenneth W. Starr and Craig S. Lerner.*

Rehnquist, C. J., delivered the opinion of the Court, in which Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Connor, J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, p. 411.


Chief Justice Rehnquist delivered the opinion of the Court.

Petitioner James Hamilton, an attorney, made notes of an initial interview with a client shortly before the client's death. The Government, represented by the Office of Independent Counsel, now seeks his notes for use in a criminal investigation. We hold that the notes are protected by the attorney-client privilege.

This dispute arises out of an investigation conducted by the Office of the Independent...

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