On the recordNovember 13, 2007
I rise in support of H.R. 3013, the Attorney-Client Privilege Protection Act of 2007. H.R. 3013 bars Federal prosecutors from requiring corporations and individuals to waive their attorney-client privilege as a condition of cooperation or for avoiding criminal charges. H.R. 3013 would not prohibit a corporation from voluntarily waiving the attorney-client privilege. This bill is designed to remedy overreaching by Federal prosecutors. It protects the attorney-client privilege, which is deeply rooted in our jurisprudence and the legal profession. The attorney-client privilege encourages frank and open communication between clients and their attorneys so that clients can receive effective advice and counsel. In the corporate context, as we saw in the case of Arthur Andersen, the life of a corporation can turn on a prosecutor's discretionary decision to charge a corporation. That decision can have profound consequences on our economy, the employees and the community; and it should not turn on whether or not a company waives its attorney-client privilege. Cooperation in the criminal justice system is an important engine of truth. However, prosecutors should not require privileged waivers as a routine matter.
Source
govinfo.gov




