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Swidler & Berlin v. United States : ウィキペディア英語版
Swidler & Berlin v. United States

''Swidler & Berlin v. United States'', 524 U.S. 399 (1998),〔(524 U.S. 399 ) Full text of the opinion courtesy of Findlaw.com.〕 was a case in which the Supreme Court of the United States held that the death of an attorney's client does not terminate attorney–client privilege with respect to records of confidential communications between the attorney and the client.
The case concerned the efforts of Independent Counsel Kenneth Starr to gain access to notes taken by Deputy White House Counsel Vince Foster's attorney, James Hamilton, during a conversation with Foster regarding the White House travel office controversy shortly before Foster's suicide.
==Background==

On July 11, 1993, Deputy White House Counsel Vince Foster visited James Hamilton at his home to discuss the possibility of retaining Hamilton as counsel to deal with a potential congressional probe regarding the White House travel office controversy. Hamilton later testified that Foster asked if what he told him would be confidential and Hamilton assured him that it would be. Foster committed suicide nine days later.
Starr subpoenaed the notes from this conversation in December 1995. Hamilton refused to turn them over, and a District Court judge, after reviewing the notes ''in camera'', upheld his decision. A Federal Appeals Court then ruled 2-1 against Hamilton, saying that posthumous client-attorney privilege needed to be weighed against the importance of having information for a criminal investigation.
The Supreme Court agreed to hear the resulting appeal with unusual quickness.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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