Can an attorney assert privilege based upon their representation of prostitutes who testified before the Grand Jury?

"New York", United States of America

The following excerpt is from Priest v. Hennessy, 409 N.E.2d 983, 431 N.Y.S.2d 511, 51 N.Y.2d 62 (N.Y. 1980):

Although petitioners do not press this point, we note that they may not assert a privilege based upon their representation of the prostitutes who testified before the Grand Jury. The fee arrangements between attorney and client do not ordinarily constitute a confidential communication and, thus, are not privileged in the usual case. 2 (United States v. Pape, 2 Cir., 144

Page 515

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