Does Attorney-client privilege apply to the interview of a defendant's former attorney?

MultiRegion, United States of America

The following excerpt is from Wharton v. Calderon, 127 F.3d 1201 (9th Cir. 1997):

As we observed in United States v. Rogers, 751 F.2d 1074 (9th Cir.1985), "[t]he attorney-client privilege is an evidentiary rule designed to prevent the forced disclosure in a judicial proceeding of certain confidential communications between a client and a lawyer." Id. at 1077. We held that the rule does not apply where there is no "forced disclosure of a confidential communication in a judicial proceeding." Id.; see also United States v. White, 970 F.2d 328, 336 (7th Cir.1992) (government's interview of defendant's former attorney did not violate attorney-client privilege because "attorney-client privilege is a testimonial privilege. Consequently, so long as no evidence stemming from the breach of the privilege is introduced at trial, no prejudice results." (citing Rogers, 751 F.2d at 1079)).

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