TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P44

Gale Encyclopedia of American Law Volume 1 P44 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 418 ATTORNEY-CLIENT PRIVILEGE attorney-client privilege. The . Supreme Court s decision in Upjohn Co. v. United States 449 . 383 101 S. Ct. 677 66 L. Ed. 2d 584 1981 ensured greater protection for confidential information between a corporation and its lawyers. In the mid-1970s Upjohn Company faced accusations of making questionable payments to officials of foreign governments in order to secure business from those governments. In response to those accusations Upjohn authorized its corporate attorneys to conduct investigations of foreign payments. When the internal revenue service IRS issued a summons for the investigative documents that Upjohn had left to its lawyers Upjohn refused to comply with the request. Upjohn argued that the documents were privileged. The . Supreme Court ruled in favor of Upjohn and this decision became the standard for determining the nature of services either legal or business provided by the corporate attorney. By the early 1990s the attorney-client privilege was narrowed by federal guidelines that were intended to combat money laundering. The federal government in conjunction with President george . bush s crackdown on drug trafficking pressed an IRS policy that would deter drug dealers and other criminals from disguising profits. The law required attorneys to disclose to the government any cash payment in excess of 10 000 as well as the name of the client making the payment 26 . 6050 I . In United States v. Leventhal 961 936 11th Cir. 1992 Robert Leventhal an attorney in Florida refused to disclose to the IRS the names of clients who had paid him more than 10 000 in cash. Leventhal s clients had wished to remain anonymous and Leventhal argued that the attorney-client privilege gave them that right. Leventhal cited the Florida Rules of Professional Conduct which require disclosure of confidential client information only in rare circumstances. The federal government sued Leventhal. The court ruled that disclosing .

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