Tag: Bevill

Norris Amicus Brief Filed

August 24th, 2011
The National Association of Criminal Defense Lawyers (NACDL) filed an amicus brief in the Ian Norris case – Download Norris v United States (11-91) Brief of NACDL as Amicus Curiae in Support of Petitioner_FINAL It highlights some of the important issues in this case. (for background see here). It brings out important issues such as:
- "[T]he Third Circuit's ruling renders effective representation of both the corporate and individual clients ensnared in a government investigation impossible, and encroaches on the rights embodied in the Sixth Amendment."
- "The decision endorses Government efforts to compel counsel to testify against their clients."
The Supreme Court raised in footnote 7 of Arthur Andersen LLP that there was a split in interpreting "corruptly persuades"in 18 USC 1512(b). The Court did not resolve this split in Andersen.

The NACDL brief places front and center the question of what should be the scope of the Bevill test. It also shows the ramifications of continuing with this test, a test that runs counter an important constitutional principle. Lower courts have been looking to the Third Circuit Bevill test, but it has yet to be endorsed in any Supreme Court opinion. Norris, presents this issue with an added dimension of a statute that has mixed interpretations.

(esp)
Third Circuit Rules – OK for Corporate Counsel to Testify Against CEO

March 23rd, 2011

In a closely watched case (see here), the Third Circuit was asked to consider whether corporate counsel had in fact represented an individual within the corporation and as such the attorney-client privilege should apply. Defendant had argued that the Bevill standard should not "apply here, as here, both the individual and the corporation have an express attorney-client relationship with counsel." Reply Brief of Ian P. Norris – Download 2011-02-25 Norris Reply Brief.

The Third Circuit issued an unpublished opinion that resolves this issue in a paragraph, stating in part that:

"[t]he District Court in this case held an evidentiary hearing and ultimately determined that Norris failed to meet his burden in asserting his privilege pursuant to the five-factor test set forth in In the Matter of Bevill, Bresler & Schulman Asset Management Corp., 805 F.2d 120, 123 (3rd 1986). The District Court did not legally err in applying this test, and we see no clear error in the District Court's holding based on the facts elicited in the evidentiary hearing."

To all the corporate executives that are cooperating with corporate counsel thinking that the individual is representing them – beware….

Opinion- Download Opinion

(esp)

Tag: Bevill

Norris Amicus Brief Filed

Third Circuit Rules – OK for Corporate Counsel to Testify Against CEO