US Can Shield Trust Docs From Indian Tribes: High Court

Law360, New York (June 13, 2011, 2:34 PM EDT) -- The U.S. Supreme Court ruled Monday that the fiduciary exception to attorney-client privilege does not apply to the general trust relationship between the U.S. and Indian tribes, overturning rulings that allowed the Jicarilla Apache Nation to obtain energy development trustee documents.

In a 7-1 decision, the high court held that the government did not have the same common-law disclosure obligations as a private trustee. This means the tribe's request for the disclosure of legal advice the government received while managing the tribe's trust money obtained via...
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