Swidler and Berlin v. United States

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In Swidler & Berlin v. United (1998) [1] was a 6-3 decision by the U.S. Supreme Court holding that the attorney-client privilege of confidentiality continues even after death of the client.

In this case the special prosecutor, led by Kenneth Starr, sought notes of comments made by Vincent Foster to his attorney shortly prior to Foster's death. The Court prevented disclosure of those notes even after Foster died.

Justices Antonin Scalia, Clarence Thomas and Sandra Day O'Connor dissented.


  1. http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/swidler062598.htm