Tuesday, August 19, 2003

Waiver of attorney-client privilege found when client tells FBI he acted on advice of counsel

In U.S. v. Under Seal, the Fourth Circuit in an opinion by Chief Judge Wilkins joined by Judges Williams and Traxler held that a terrorism suspect waived attorney-client privilege when he told the FBI that the reason for one of his answers on a questionnaire about his criminal history was that he was acting on advice of counsel, and therefore the lawyer could be made to answer limited questions to the grand jury investigating whether the client lied to the FBI.

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