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Evidence Keyed to Best
In re Motion to Quash Bar Counsel Subpoena
Citation:
982 A.2d 330 (2009).Facts
Libby was requested to review documents relating to a claim one of the firm’s partners may have stolen client funds. Libby conducted his own investigation, writing memos and detailing his findings. He then resigned from the firm, and reported his general findings to the state bar, as he believed his findings may have revealed criminal activity by the firm’s partners. He believed the information was not protected by the attorney-client privilege, but did not disclose the details of his findings as he acknowledged the firm believed the information to have been privileged and confidential. After receiving the report, the state bar issued a subpoena to Libby to produce the information and documents. The firm moved to quash the subpoena. Both parties agreed to have a justice on the Maine Supreme Judicial Court review the documents in camera to determine the applicability of the attorney-client privilege. The justice found Libby may have uncovered criminal activity by the firm, thus preventing the firm from asserting the attorney-client privilege.
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