Swidler & Berlin v. United States
| Swidler & Berlin v. United States | |
|---|---|
| Argued June 8, 1998 Decided June 25, 1998 | |
| Full case name | Swidler & Berlin and James Hamilton, Petitioners v. United States |
| Citations | 524 U.S. 399 (more) 118 S. Ct. 2081; 141 L. Ed. 2d 379; 1998 U.S. LEXIS 4214; 66 U.S.L.W. 4538; 49 Fed. R. Evid. Serv. (Callaghan) 1; 40 Fed. R. Serv. 3d (Callaghan) 745; 159 A.L.R. Fed. 729; 98 Cal. Daily Op. Service 4932; 98 Daily Journal DAR 6932; 1998 Colo. J. C.A.R. 3175; 11 Fla. L. Weekly Fed. S 687 |
| Case history | |
| Prior | In re: Sealed Case, 124 F.3d 230 (D.C. Cir. 1997); rehearing en banc denied, 129 F.3d 637 (D.C. Cir. 1997); cert. granted, 523 U.S. 1045 (1998). |
| Subsequent | On remand, 172 F.3d 921 (D.C. Cir. 1998). |
| Holding | |
| Communications between a client and a lawyer are protected by attorney–client privilege even after the client's death. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by Stevens, Kennedy, Souter, Ginsburg, Breyer |
| Dissent | O'Connor, joined by Scalia, Thomas |
| Laws applied | |
| Attorney–client privilege | |
Swidler & Berlin v. United States, 524 U.S. 399 (1998), 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.