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Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege
Loaded on April 15, 2025
by Sagi Schwartzberg
published in Criminal Legal News
May, 2025, page 46
Filed under:
Fifth Amendment,
False Statements, Testimony or Documents,
Attorney/Client,
Brady/Giglio/Jencks Act Issues.
Location:
California.
by Sagi Schwartzberg
The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to provide a “privilege log” to the Government relating to documents protected under the Fifth Amendment’s act-of-production privilege.
Background
During an investigation of an alleged tax evasion …
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