In Re Grand Jury Subpoena Served Upon Bekins Record Storage Co.
New York Court of Appeals
POINTS OF COUNSEL I. The courts below erred in holding that Document Nos. 17, 93, 95, 99, 102, 103, 104 and 152, created and/or executed by petitioners and given to an attorney for the purpose of obtaining legal advice, are not within the scope of the Fifth Amendment privilege against self-incrimination.
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POINTS OF COUNSEL I. The courts below erred in holding that Document Nos. 17, 93, 95, 99, 102, 103, 104 and 152, created and/or executed by petitioners and given to an attorney for the purpose of obtaining legal advice, are not within the scope of the Fifth Amendment privilege against self-incrimination. (Schmer-ber v California, 384 US 757; Fisher u United States, 425 US 391; Beilis v United States, 417 US 85; United States v White, 322 US 694; Boyd u United States, 116 US 616; Matter of Vanderbilt [Rosner — Hickey], 57 NY2d 66; United States v Davis, 636 F2d 1028, 454 US 862; Wilson v…
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
A client cannot assert the attorney-client privilege as to documents in the lawyer’s possession if they were not prepared for litigation or for the purpose of seeking or imparting legal advice and they are not otherwise subject to a privilege against disclosure. The mere circumstance that the documents were revealed in confidence to a lawyer does not of itself transform the papers into privileged communications. Thus, with the exception of one document, the courts below correctly refused to quash the Grand Jury subpoena as to the documents now before this…
2Cases cited8 opinions
- Fisher v. United StatesSupreme Court of the United States · 1976
- United States v. DoeSupreme Court of the United States · 1984
- Priest v. HennessyNew York Court of Appeals · 1980
- People v. CopicottoNew York Court of Appeals · 1980
- Matter of Vanderbilt (Rosner-Hickey)New York Court of Appeals · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991
- Bowne of New York City, Inc. v. AmBase Corp.District Court, S.D. New York · 1993
- Rossi v. Blue Cross & Blue ShieldNew York Court of Appeals · 1989
- Manufacturers & Traders Trust Co. v. Servotronics, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Fine v. Facet Aerospace Products Co.District Court, S.D. New York · 1990
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