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United States Second Circuit


IN RE: DOE, 01-6250, 01-6251, 01-6252

The work product privilege bars the compulsion of testimony by an attorney regarding her representation of a client with respect to his past commission of a crime, as to admissions (or denials) the client made in the attorney's presence that tend to prove guilt with respect to that past crime.

Appellate Information

  • Argued 01/31/2002
  • Decided 02/22/2002
  • Published 02/22/2002

Judges

  • LEVAL, Circuit Judge., Before:  LEVAL, CALABRESI, Circuit Judges, and STEIN, District Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Audrey Strauss, Fried, Frank, Harris, Shriver & Jacobson, New York, NY, Robert G. Morvillo, Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York, NY, Henry Putzel, III, Law offices of Henry Putzel, III, New York, NY, for Movant Appellants.

  • For Appellees:
  • Stanley J. Okula, Jr., Assistant United States Attorney (Peter G. Neiman, Gary Stein, Assistant United States Attorneys, of counsel) for James B. Comey, United States Attorney for the Southern District of New York, White Plains, NY, for Respondent-Appellee.
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