Policy Threatens Attorney-Client Privilege: Lawyers

Law360, New York (March 8, 2007, 12:00 AM EST) -- A House Judiciary subcommittee heard testimoney on Thursday from lawyers and former federal prosecutors who said newly revised corporate fraud reporting guidelines fail to adequately protect attorney-client privilege.

The U.S. House of Representatives Committee on the Judiciary and its chairman, Rep. Robert C. Scott (D-Va.) heard testimony regarding the effects of the U.S. Department of Justice’s revamped guidelines, known as the McNulty memorandum, on the right to counsel in corporate investigations.

The revised policy, announced by Deputy Attorney General Paul J. McNulty in December, gave prosecutors...
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