In a tax evasion case, should the prosecutor be permitted to obtain records showing how much the defendant paid his attorney in fees?

• A. Yes, because it calls for relevant information not within the attorney-client privilege.
• B. No, because the fee records are privileged communications.
• C. Yes, because attorney fee arrangements are always relevant to the case.
• D. No, because the attorney's identity is protected.

Answer: (A)

The key concept is that attorney-client privilege protects confidential communications between client and attorney made for seeking or receiving legal advice. It does not blanket all records related to the attorney or the representation. Therefore, records showing how much the defendant paid his attorney are not, by themselves, protected communications. They tend to reveal financial information about the representation, not the legal advice given. As long as these fee records don’t disclose confidential advice or communications about legal services, they’re considered nonprivileged and can be obtained if relevant to the case. The attorney’s identity isn’t protected simply by virtue of being the attorney, and fee arrangements aren’t automatically privileged just because they relate to the case. If any part of the records does contain privileged communications, that portion could be redacted, but the billing amounts and similar non-communicative details are typically discoverable.