In mid-November, the U.S. House of Representatives took an important step when it approved — by voice vote — the Attorney-Client Privilege Protection Act of 2007.
H.R. 3013, introduced in the House by Rep. Bobby Scott (D-VA) and co-sponsored by Rep. Randy Forbes (R-VA) along with 10 other members from both parties, seeks to strike a balance between the legitimate needs of federal prosecutors and regulators, and the fundamental, constitutional legal rights of individuals and organizations.
Following the House passage of the bill, ABA President William H. Neukom issued a statement underscoring the ABA’s strong support for the legislation. He praised Rep. Scott, Rep. Forbes and other key House leaders for their success in advancing the bill.
Neukom also stressed,“protecting confidential attorney-client communications from government-compelled disclosure fosters voluntary compliance with the law.” Further, he commented, “government policies that pressure companies to refuse to provide employees with legal assistance while investigations are pending or to fire them for asserting their Fifth Amendment rights weaken the constitutional presumption of innocence....”
Prior to the vote, the ABA sent a letter to all House members urging them to support the measure. You may read the letter in its entirety.
The ABA has worked closely with a broad coalition of other organizations, including the U.S. Chamber of Commerce, the American Civil Liberties Union, the Association of Corporate Counsel and the National Association of Criminal Defense Lawyers, in an effort to pass the legislation and restore an appropriate balance.
Now that H.R. 3013 has cleared the House, the association and the coalition are shifting their efforts to the Senate, where a nearly identical bill, S. 186, is pending.
