Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege
by Sagi Schwartzberg
The U.S. Court of Appeals for the Ninth Circuit held that an attorney cannot be compelled to provide a “privilege log” to the Government relating to documents protected under the Fifth Amendment’s act-of-production privilege.
Background
During an investigation of an alleged tax evasion …
