The Jan. 6 Committee Subpoenas Lawyers: What Happens If They Claim Attorney-Client Privilege?

The House Select Committee has subpoenaed four lawyers, including Rudolph Giuliani. They may claim attorney-client privilege. This presents an opportunity to review the substantive and procedural law governing the privilege and its exceptions and to explain the difference between privilege and a lawyer’s confidentiality duty.

Stephen is the Elihu Root Professor of Law and Barbara is an Adjunct Professor of Law, both at New York University School of Law.

Listen on Apple Podcasts, Google Podcasts, Spotify, or Stitcher.

Reference List for Podcast #11: The Jan. 6 Committee Subpoenas Lawyers: What Happens If They Claim Attorney-Client Privilege?

Letter, Bennie Thompson to Rudolph Giuliani, Redacted

Matter of Giuliani, 197 A.D.3d 1 (1st Dep’t 2021)

Federal Rule of Evidence 501

Proposed Federal Rule of Evidence 503

In re Grand Jury Subpoena, 745 F.3d 681 (3d Cir. 2014)

United States v. Gorski, 807 F.3d 451 (1st Cir. 2015)

United States v. Zolin, 491 U.S. 554 (1989).

The Spirit of Liberty, by Judge Learned Hand