On Wed, May 28, 2008 at 12:56 PM, Carol Shepherd <arborlaw@...> wrote:
> Looking for opinions on the intersection of attorney-client privilege and
> government monitoring of commercial communications between US firms and
> offshore service providers. A DC law firm has sued the government
> claiming that wiretapping and surveillance policies potentially compromise
> attorney-client privilege for litigation-related materials which are sent to
> India and other countries for document review.

I don't think it necessarily waives the evidentiary privilege - but it
certainly infringes upon attorney-client confidentiality, which is a
related but legally and logically distinct issue.

For example, tapping ordinarly analog telephone lines is incredibly
easy to do, and is widely done, legally and not, by government workers
and private sector agents alike. (Try a Google search for "Pellicano"
if you have any doubt on this issue.) The equipment necessary to do
this is sold in every Radio Shack in the country. We don't, however,
conclude that the attorney-client privilege has been waived because we
talked to a client or co-counsel on an analog phone line.

On the other hand, I think it's great that the law firm has the time
and energy to explore the issue.

--
Greg Broiles, JD, LLM Tax, EA
gbroiles@... (Lists only. Not for confidential communications.)
Legacy Planning Law Group
San Jose, CA
California Estate Planning Blog: http://www.estateplanblog.com


**********************************************************************
For Listserv Instructions, see http://www.lawlists.net/cyberia
Off-Topic threads: http://www.lawlists.net/mailman/listinfo/cyberia-ot
Need more help? Send mail to: Cyberia-L-Request@...
**********************************************************************