Can the disclosure of total fees paid to defense counsel be disclosed to the prosecution?

California, United States of America


The following excerpt is from Freedom Newspapers, Inc. v. Superior Court, 186 Cal.App.3d 1102, 231 Cal.Rptr. 189 (Cal. App. 1986):

The majority also rejected the possibility that publication of raw figures of sums paid to attorneys could impermissibly provide information that would somehow "lighten the prosecution's burden of proving its case in chief." (Prudhomme v. Superior Court (1970) 2 Cal.3d 320, 326, 85 Cal.Rptr. 129, 466 P.2d 673.) In a matter as serious as this, concluded the majority, defense counsel would obviously engage in extensive preparation for trial; disclosure of the total fees paid could not possibly provide useful information to the prosecution. (As to investigation and expert witness fees, we determined otherwise and upheld the statutory ban on release of that information (Pen.Code, 987.9).)

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