Opinion of the Court
Attorney-Client Privilege Does Survive Death in Criminal Cases
The attorney-client privilege is one of the oldest recognized privileges for confidential communications. The privilege is intended to encourage "full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and the administration of justice." — Upjohn Co. v. United States (1981). The issue presented here is the scope of that privilege; more particularly, the extent to which the privilege survives the death of the client. Our interpretation of the privilege’s scope is guided by "the principles of the common law … as interpreted by the courts … in the light…
