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Attorney Client Privilege

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BUSINESS
March 21, 1988 | By Richard Burke, Inquirer Staff Writer
When federal agents raided the Camden County law offices of Console, Marmero, LiVolsi & Wood, seizing business records, client information and more than 400 case files, they opened a constitutional can of worms. As the agents hauled away cartons of the law firm's records, they fueled a growing controversy about the investigative techniques used by law-enforcement authorities and what some experts say is a steady erosion of attorney-client privilege. With increasing frequency, lawyers, particularly those specializing in criminal defense, are becoming targets of grand jury subpoenas, search-and- seizure warrants, wiretap orders and other techniques used to gather evidence of criminal wrongdoing.
NEWS
December 20, 2013 | By Allison Steele, Inquirer Staff Writer
Pennsylvania State University waived its attorney-client privilege last year so its former attorney could testify against three top university officials under investigation in the alleged cover-up of reports of child sex abuse by Jerry Sandusky, according to newly unsealed court records. Cynthia Baldwin, who has emerged as a central witness in the case against former president Graham B. Spanier, former vice president Gary Schultz, and former athletic director Tim Curley, was present in 2011 when the men testified to a grand jury investigating Sandusky.
NEWS
June 26, 1998 | By Aaron Epstein, INQUIRER WASHINGTON BUREAU Angie Cannon of the Inquirer Washington Bureau contributed to this article
In a sharp defeat for independent counsel Kenneth W. Starr, the Supreme Court blocked him yesterday from obtaining a lawyer's notes that Starr said he needed for his criminal investigation of Hillary Rodham Clinton. The notes were written by a private lawyer about his meeting with deputy White House counsel Vincent Foster in 1993 shortly before Foster killed himself. Starr wanted them as evidence of whether Hillary Clinton lied when she said she played no role in a 1993 purge of personnel in the White House travel office.
NEWS
June 8, 1998 | By Aaron Epstein, INQUIRER WASHINGTON BUREAU
You or a member of your family has legal trouble. So you see a lawyer. The lawyer tells you, as attorneys have told clients for centuries, that everything you say will be held in the strictest confidence. "But when you die," the lawyer adds, "I could be forced to provide embarrassing or even incriminating testimony in a criminal investigation or trial, perhaps of a friend or relative of yours, if a judge decides that what you tell me is important to the prosecution. Now tell me the whole story so I can do my best for you. " That hypothetical warning could become commonplace if independent counsel Kenneth W. Starr, who has a string of lower-court victories in his investigation of President Clinton and his wife, Hillary, also wins in a Supreme Court case to be argued today.
NEWS
June 30, 1998 | By Angie Cannon, INQUIRER WASHINGTON BUREAU
Independent counsel Kenneth W. Starr told a federal appeals court yesterday that presidential confidant Bruce Lindsey should be forced to testify before a grand jury, despite his claim of attorney-client privilege. The three judges asked tough questions of both Starr and lawyers for the White House and the Justice Department before the hearing adjourned behind closed doors. The judges are hearing the White House's appeal of Chief U.S. District Judge Norma Holloway Johnson's ruling that the needs of the grand jury investigation outweighed any privilege between Lindsey, the deputy White House counsel, and his client, President Clinton.
NEWS
December 11, 1990 | By Emilie Lounsberry, Inquirer Staff Writer
Former Philadelphia defense lawyer Linda Backiel yesterday was imprisoned indefinitely for civil contempt after she refused to testify before a federal grand jury in a bail-jumping investigation of self-described revolutionary Elizabeth Ann Duke. During a hearing before U.S. District Judge Charles R. Weiner, Backiel said she was refusing to testify as a matter of principle. "I will go to jail with my conscience," she said. As she was led away by federal marshals, Backiel received a standing ovation from a group of about 25 supporters, and she blew them all a kiss on her way out of the courtroom.
NEWS
March 5, 1998 | By Angie Cannon, INQUIRER WASHINGTON BUREAU
Displaying his knack for aggressive prosecution, independent counsel Kenneth W. Starr is trying to pry open the confidential relationship between an attorney and his client. Specifically, Starr has subpoenaed records in the possession of Francis Carter, an attorney who briefly represented Monica S. Lewinsky before her current lawyer. During a closed-door hearing that lasted more than two hours yesterday, Carter's lawyers tried to quash the subpoena, arguing that it would violate the attorney-client relationship.
NEWS
April 7, 1998 | By Aaron Epstein, INQUIRER WASHINGTON BUREAU
Giving a victory to independent counsel Kenneth W. Starr, the Supreme Court agreed yesterday to speed up its hearing of a case that Starr says is important to his investigation of the Clinton administration. Reversing themselves, the justices said they would hear arguments June 8 - not next term - on whether a lawyer for White House deputy counsel Vincent Foster must surrender his notes taken before Foster killed himself. The lawyer has argued that attorney-client privilege means the notes can be kept secret even though the client has died.
NEWS
July 2, 1986 | By DAVE RACHER, Daily News Staff Writer
A lawyer cannot help a fugitive client escape trial by hiding behind the attorney-client privilege, the state Supreme Court ruled yesterday. The high court reinstated a contempt order against Philadelphia lawyer Holly Maguigan, issued in 1983 after she refused to reveal where her missing client, Carlos Aquino, was living. Aquino had been scheduled for trial on rape charges. The district attorney's office had tried to force Maguigan to provide the "address and phone number" of her client, but she claimed the information would require her to violate the attorney-client privilege.
NEWS
November 23, 2012 | By Mike Dawson, CENTRE DAILY TIMES
The attorneys for former Pennsylvania State University administrators Tim Curley and Gary Schultz do not want the former university lawyer who testified against their clients anywhere near the witness stand at next month's preliminary hearing on charges they covered up abuse allegations against Jerry Sandusky. The defense has moved to preclude Cynthia Baldwin from testifying and filed the court papers this week in Harrisburg. They expect prosecutors from the Attorney General's Office to seek to have her testify at the preliminary hearing Dec. 13. Curley and Schultz face charges of perjury and failure to report abuse and are set for trial in January.
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NEWS
February 14, 2015 | By Jason Laughlin, Inquirer Staff Writer
Former Pennsylvania State University administrators awaiting trial on perjury and conspiracy charges related to the Jerry Sandusky sex-abuse scandal are challenging a judge's ruling that the school's former top lawyer can testify against them. Lawyers for Gary Schultz, the school's former vice president, and Tim Curley, the former athletic director, on Thursday filed notices to appeal a Dauphin County judge's decision that Penn State's former chief counsel, Cynthia Baldwin, did not violate attorney-client privilege when she represented the university in front of a grand jury investigating the Sandusky case in 2012.
NEWS
May 5, 2014 | By Jonathan Lai, Inquirer Staff Writer
TRENTON David Samson, who in March resigned as chairman of the Port Authority of New York and New Jersey, will not produce additional documents in response to a legislative committee's subpoena as it investigates the George Washington Bridge lane closures, his lawyer said Friday. Samson's lawyers sent a letter to a lawyer for the legislative panel, calling the January subpoena overly broad and criticizing committee members' public discussion of past documents. "Unfortunately, the way this Committee has conducted itself, combined with Mr. Samson's constitutional rights to fundamental fairness, now compel him to decline to produce the documents requested by the Committee's subpoena for a number of reasons," the letter reads.
NEWS
January 19, 2014 | By Ben Finley, Inquirer Staff Writer
A judge on Friday denied a request by former Pennsylvania State University president Graham B. Spanier - accused of covering up child sex-abuse allegations against Jerry Sandusky - to bar testimony from the school's onetime top lawyer. Cynthia Baldwin represented Spanier during the Sandusky investigation. Baldwin told a grand jury that instead of cooperating with investigators, Spanier hid information and sought to keep the board of trustees in the dark about the expanding criminal investigation.
NEWS
December 20, 2013 | By Allison Steele, Inquirer Staff Writer
Pennsylvania State University waived its attorney-client privilege last year so its former attorney could testify against three top university officials under investigation in the alleged cover-up of reports of child sex abuse by Jerry Sandusky, according to newly unsealed court records. Cynthia Baldwin, who has emerged as a central witness in the case against former president Graham B. Spanier, former vice president Gary Schultz, and former athletic director Tim Curley, was present in 2011 when the men testified to a grand jury investigating Sandusky.
NEWS
August 5, 2013 | By Allison Steele, Inquirer Staff Writer
If Mike McQueary is to be believed, Penn State football coach Joe Paterno offered some damning advice as the Jerry Sandusky scandal threatened to consume both men in 2011. "You need to make sure you have your lawyers," McQueary said Paterno told him. "Don't trust Cynthia Baldwin. " Baldwin, at the time, was general counsel for Pennsylvania State University. She has since emerged as a central, if lesser-known, player in the criminal cases against former president Graham B. Spanier, retired vice president Gary Schultz, and former athletic director Tim Curley.
NEWS
November 23, 2012 | By Mike Dawson, CENTRE DAILY TIMES
The attorneys for former Pennsylvania State University administrators Tim Curley and Gary Schultz do not want the former university lawyer who testified against their clients anywhere near the witness stand at next month's preliminary hearing on charges they covered up abuse allegations against Jerry Sandusky. The defense has moved to preclude Cynthia Baldwin from testifying and filed the court papers this week in Harrisburg. They expect prosecutors from the Attorney General's Office to seek to have her testify at the preliminary hearing Dec. 13. Curley and Schultz face charges of perjury and failure to report abuse and are set for trial in January.
NEWS
March 20, 2012 | By John P. Martin, Inquirer Staff Writer
The Archdiocese of Philadelphia fought Monday to keep private 12 documents that could reveal how its lawyers advised church leaders to handle claims that priests were molesting children. The records include correspondence between the lawyers and Msgr. William J. Lynn, the church official criminally charged over his alleged role in responding to abuse allegations in the 1990s. Most concern the "development of policy" by the archdiocese, its attorney, Robert Welsh, said during a Common Pleas Court hearing.
NEWS
January 29, 2012 | By Bonnie L. Cook, Inquirer Staff Writer
A Montgomery County Court judge refused Friday to dismiss charges against accused child-killer James Lee Troutman despite defense claims that writings seized by police from the defendant's jail cell last year prejudiced the case. After the body of 9-year-old Skyler Kauffman was found at a Souderton apartment complex in May 2011, Troutman was arrested and charged with first- and second-degree murder, kidnapping, and rape. He is held in the Montgomery County prison. Part of his time has been spent writing down his thoughts for his lawyers, psychiatrist, and another inmate.
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