· 10/9/1973
In Re Grand Jury Subpoena Served Upon Simon Horowitz
Citations
- 482 F.2d 72
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that,- in a case where privileged information was transferred in a manner that gave another party access to it, “affirmative action to preserve confidentiality” was necessary to preserve the privilege
- observing that similar circumstances were involved in Schwimmer
- noting generally that “[o]ne measure of the[] continuing confidentiality” of communications “is the degree of care exhibited in their keeping, and the risk of insufficient precautions must rest with the party claiming the privilege” (internal quotation marks omitted)
- voluntary disclosure by the client is “inconsistent with the attorney-client relationship” and acts as waiver to privilege
- privilege ought to be “strictly confined within the narrowest possible limits consistent with the logic of its principle”
- partially upholding a subpoena requiring an accountant to produce the contents of three locked file cabinets belonging to a client
Source: CourtListener parenthetical corpus (CC0).
Judges: Friendly, Hays, Jameson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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