United States Second Circuit

Reversing the district court's order of exclusion of testimony by a co-defendant in a criminal prosecution who had turned government witness because the common-interest rule of attorney-client privilege does not include statements that weren't made to, in the presence of, or within the hearing of an attorney for any of the common-interest parties, nor did the statements seek the advice of or communicate advice previously given by the attorney to the common-interest parties.

Appellate Information

• Published 2017/08/18

Judges

• POOLER

Court

• United States Second Circuit

Counsel