1103

 

There is no privilege for the fact of representation, the identity of the client, and the amount of the fees, for several reasons:

1) None are "communications." A communication for privilege purposes must assert facts.

2) There is usually no expectation that the fact of representation will be kept confidential. It will become public as soon as it goes to court.

3) There is no expectation that the amount of the fees will be kept confidential. The attorney must report them to the IRS, and the payor must usually report them also to the IRS on a form 1099.

Questions? Email tanford@indiana.edu and refer to 1103.

Now look at part 3. What objection should the defense attorney make?

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