Judge Appears Reluctant to Order Release of Law Firm Probe Notes

Attorney-Client Privilege

Judge Appears Reluctant to Order Release of Law Firm Probe Notes

Posted Feb 26, 2008, 07:43 am CDT
By Debra Cassens Weiss

Former McAfee general counsel Kent Roberts’ quest for notes of a law firm’s corporate backdating probe appeared to run into a roadblock Monday in the form of Judge Marilyn Hall Patel.

Roberts claims he needs the notes to defend himself in a civil suit for securities fraud by the Securities and Exchange Commission. His lawyers say McAfee waived the privilege when it relied on notes of the probe by the Howrey law firm in communicating with the federal government.

The Recorder reports that Patel reacted to that argument with “strong skepticism,” addressing the arguments in a voice that was “dripping with distaste.”

"What happens to privilege these days?” asked Patel, a federal judge in San Francisco. “Doesn't this totally eviscerate it?"

Patel asked for more briefs that address the issue of whether discovery in the civil case should be delayed until Roberts is tried in his criminal case, scheduled for June.

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