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698 KB
Extraction Summary
8
People
2
Organizations
1
Locations
2
Events
3
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
698 KB
Summary
This legal document is page 2 of a filing to Judge Alison J. Nathan, dated December 3, 2021. The author argues that the government cannot use attorney-client privilege to prevent Ms. Maxwell's team from cross-examining a witness named Jane about a statement her attorney, Mr. Glassman, made to her. The filing contends the privilege does not apply because the communication was not intended to be confidential and, in any case, was waived when it was relayed to the government.
People (8)
| Name | Role | Context |
|---|---|---|
| Alison J. Nathan | The Honorable (Judge) |
The document is addressed to The Honorable Alison J. Nathan.
|
| Ms. Maxwell | Defendant/Subject of testimony |
The subject of a line of cross-examination, against whom Jane is testifying.
|
| Mr. Glassman | Attorney |
An attorney whose statement to 'Jane' is the subject of an attorney-client privilege dispute.
|
| Jane | Witness/Client |
A person cooperating with the government, testifying against Ms. Maxwell, and the recipient of a statement from Mr. G...
|
| Schwimmer |
Mentioned in the case citation 'United States v. Schwimmer'.
|
|
| Davis |
Mentioned in the footnote case citation 'Davis, 415 U.S. at 317 n.4'.
|
|
| Greene |
Mentioned in the footnote case citation 'Greene v. McElroy'.
|
|
| McElroy |
Mentioned in the footnote case citation 'Greene v. McElroy'.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| government | government agency |
A party in the case asserting attorney-client privilege on behalf of Jane.
|
| United States | government |
Mentioned in the case citation 'United States v. Schwimmer'.
|
Timeline (2 events)
Cross-examination of a witness regarding a conversation from months prior.
Ms. Maxwell's legal team
a witness
Jane chose to cooperate with the government and testify against Ms. Maxwell.
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the case citation 'In re County of Erie'.
|
Relationships (3)
The document discusses the applicability of attorney-client privilege to a statement Mr. Glassman made to Jane, and notes the government is asserting the privilege on behalf of Jane.
Jane chose to cooperate with the government and 'testify against Ms. Maxwell'.
Jane is cooperating with the government to testify against Ms. Maxwell.
Key Quotes (5)
"help her case"Source
— Mr. Glassman
(A statement made by Mr. Glassman to Jane regarding her cooperation and testimony.)
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Quote #1
"The attorney-client privilege protects from disclosure (1) a communication between client and counsel that (2) was intended to be and was in fact kept confidential, and (3) was made for the purpose of obtaining or providing legal advice."Source
— In re County of Erie, 473 F.3d 413, 419 (2d Cir. 2007)
(Quoted to define the attorney-client privilege.)
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Quote #2
"The burden of establishing the attorney-client privilege, in all its elements, always rests upon the person asserting it."Source
— United States v. Schwimmer, 892 F.2d 237, 244 (2d Cir. 1989)
(Quoted to establish who has the burden of proof for privilege.)
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Quote #3
"it was [not] intended to be . . . kept confidential."Source
— Erie, 473 F.3d at 419
(Quoted to argue that Mr. Glassman's statement is not protected by privilege.)
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Quote #4
"even more important where the evidence consists of the testimony of individuals whose memory might be faulty"Source
— Davis, 415 U.S. at 317 n.4 (quoting Greene v. McElroy)
(A quote from a footnote regarding the importance of cross-examination when a witness's memory may be faulty.)
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Quote #5
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