In re Osterhoudt
United States Court of Appeals for the Ninth Circuit
722 F.2d 591 (1983)
Luxana Phaksuan (Phaksuan) hired attorney William Osterhoudt (Osterhoudt) to represent him in a grand jury investigation into possible tax and drug-trafficking violations. The government, investigating Phaksuan as an alleged major marijuana distributor, subpoenaed the amount, form, and dates of legal fees Phaksuan paid Osterhoudt, as part of a broader financial investigation. Phaksuan moved to quash the subpoena, arguing the fee information was privileged because disclosing it would incriminate him in the very matter for which he hired Osterhoudt. The district court denied the motion, and Phaksuan appealed.
Whether information about the fee arrangement between an attorney and his client is protected by the attorney-client privilege if this information was not conveyed as part of a privileged communication.