In the Matter of Grand Jury Subpoena of Lynne Stewart and Others, 144 Misc. 2d 1012

Summary

Petitioners attorneys moved to quash subpoenas requiring petitioners to appear before the grand jury, investigating a major narcotics organization, with the production of all records of amounts billed and payments made for services rendered including fee arrangements and retainer agreements relating to petitioners' clients. Denying petitioners' motions, the court held that the attorney-client privilege did not protect communications regarding fee arrangements or protect the identity of a third party paying another's legal fees. Because the court found that fee arrangements and consultations regarding payments were not confidential communications, the court held that the attorney-client privilege did not apply. Where the subpoena was framed to each petitioner in the name of his alleged client, a specific defendant in the pending indictment, the court held that defendant's right to counsel had attached. Applying a three-part test balancing the rights and powers of the grand jury with ...