In re Osterhoudt
Facts
The government subpoenaed appellant's attorney in connection with a grand jury investigation and stipulated that only the amount, form, and date of legal fee payments had to be disclosed. Appellant had retained the attorney in connection with a grand jury investigation into possible income tax and controlled substance violations. The government filed an affidavit stating that the grand jury inquiry was based on information that appellant had been a major marijuana distributor who made substantial sums of money, that a complete financial investigation was relevant, and that fee-payment information was necessary to complete that investigation. Appellant argued that disclosure of the fee information would implicate him in the same criminal activity for which he sought legal advice and was therefore privileged.
Issue
Whether the attorney-client privilege protected disclosure of the date, amount, and form of appellant's legal fee payments to his attorney because disclosure might incriminate appellant in the very criminal activity for which he sought counsel. Also, whether enforcing the subpoena without a preliminary hearing violated appellant's Fifth or Sixth Amendment interests.
Rule
The governing principle is that the attorney-client privilege extends only to confidential professional communications. Client identity and fee arrangements are ordinarily not privileged because they usually do not reveal confidential communications; they become privileged only when disclosure would in substance convey information that is itself part of a confidential communication between attorney and client.
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