Swidler & Berlin v. United States

Petitioner James Hamilton, an attorney, made notes of an initial interview with a client shortly before the client’s death. The Government, represented by the Office of Independent Counsel, now seeks his notes for use in a criminal investigation. We hold that the notes are protected by the attorney-client privilege.

This dispute arises out of an investigation conducted by the Office of the Independent Counsel into whether various individuals made false statements, obstructed justice, or committed other crimes during investigations of the 1998 dismissal of employees from the White House Travel…