Argument
In the case of Swidler and Berlin v. United States, the government issued a subpoena to obtain the handwritten notes of attorney Hamilton that had been written during a meeting with his client, Vincent Foster. A few days later the client, Foster, committed suicide. The argument of the United States government was that because the client was deceased they could legally obtain the notes disregarding the attorney – client privilege. The Court ultimately decided that the notes could not be handed over under the protection of the attorney – client privilege. The justices reminded the Court that the attorney – client privilege was put into place to encourage complete and truthful communication between attorneys and their clients. The
In the case of Swidler and Berlin v. United States, the government issued a subpoena to obtain the handwritten notes of attorney Hamilton that had been written during a meeting with his client, Vincent Foster. A few days later the client, Foster, committed suicide. The argument of the United States government was that because the client was deceased they could legally obtain the notes disregarding the attorney – client privilege. The Court ultimately decided that the notes could not be handed over under the protection of the attorney – client privilege. The justices reminded the Court that the attorney – client privilege was put into place to encourage complete and truthful communication between attorneys and their clients. The