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By Waiting to Object after Seizure, Defendant Waived Attorney-Client, Work-Product Privilege

By Shari Allison

U.S. v. Ary, --- F.3d ----, 2008 WL 565437 (10th Cir. March 04, 2008) The attorney-client and work-product privileges can be waived in the context of involuntary disclosure or disclosure pursuant to a subpoena or warrant. Waiver is analyzed by looking at how specifically the material is identified; how quickly the defendant informs the government that it seized protected material; and how quickly the defendant seeks judicial action to enforce the protection. In this case, defendant waived the protection as to a few boxes taken from him and his attorney under a warrant. He did not identify the contents as protected, and when he discovered that they were protected at a discovery conference, he waited six weeks to file a motion to seek protection...continue to full post

Full post as published by Tenth Circuit Blog on March 05, 2008 (boomark / email).