X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
They make unlikely bedfellows, but last Friday, legal groups on the left and right came together with a unified message: Attorney-client privilege is under attack. The setting was the headquarters of the U.S. Chamber of Commerce, which along with the Association of Corporate Counsel, the American Civil Liberties Union, and the National Association of Criminal Defense Lawyers, is gearing up for a lobbying effort against the recently revised changes to the federal sentencing guidelines. They are concerned that investigators with the Justice Department and the Securities and Exchange Commission increasingly reward companies that agree to waive privileged communications with their lawyers. In so doing, the government is undermining a long-standing tenet of the U.S. justice system, the right to counsel. The practice, which became more common during the wave of corporate scandals that followed Enron’s collapse, effectively forces companies to disclose confidential information they share with their attorneys, the groups maintain. That makes it more difficult for lawyers to learn facts and give sound advice. “A lack of candid communication between executives and their lawyers may lead to more corporate failure,” says Fred Kerbs of the ACC. That outcome, says Caroline Fredrickson, legislative director of the ACLU, leaves a lingering “worry that precedents in the corporate arena could turn into problems when individuals are concerned.”
Emma Schwartz can be contacted at [email protected].

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.