Excerpt
Independent Counsel Kenneth Starr argued that, when necessary in criminal cases, attorney-client privilege should end at death. The Supreme Court ruled against Starr finding Starr didn’t make a strong enough case to justify setting a new precendent.
In This Issue
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Foreword
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The Court Remembers Lewis F. Powell
Supreme Court Justices Share Memories of Their Former Colleague
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Lower Court Action
Background on Swidler & Berlin v. United States
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The Death of Vincent Foster
Robert Fiske's Report on the Deputy White House Counsel's Suicide
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Before the Court
The Justices Weigh in During Oral Arguments
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Opinion of the Court
Attorney-Client Privilege Does Survive Death in Criminal Cases
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Pro & Con
Do Communications Between Attorney and Client Remain Confidential After the Client's Death?