United States First Circuit

Appeal of district court orders compelling an attorney who represented a corporation under investigation to testify before the grand jury and denying a corporate officer's motion to intervene to assert the corporation's attorney-client privilege is dismissed where: 1) the officer was being investigated in his personal capacity; 2) granting the intervention would create a conflict of interest; 3) permitting appellant to assert the corporation's privilege in his personal capacity would give rise to a situation in which the corporation's interests were not represented by authorized counsel; and 4) appellant did not claim that counsel also represented him in his personal capacity.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• HOWARD, Circuit Judge., Before SELYA and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William W. Fick, Federal Defender Office, with whom Page Kelley was on brief, for appellant.


• For Appellees:
  
• B. Stephanie Siegmann, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.