United States v. Schwimmer
United States Court of Appeals for the Second Circuit
892 F.2d 237 (2d Cir. 1989)
Martin Schwimmer (defendant) and his codefendant Mario Renda, both charged with investment fraud, agreed through their respective attorneys to cooperate on all matters of mutual concern, and Renda's attorney hired accountant Ralph Glickman to assist both men's defense; Schwimmer had confidential conversations with Glickman believing them privileged. After Renda's trial, prosecutors ordered Glickman to turn over his defense-related documents, and although the prosecution did not admit those documents at Schwimmer's trial, Schwimmer claimed prosecutors used information derived from them to build the case against him, which the prosecution disputed. Schwimmer was convicted and appealed on privilege grounds.
Whether the attorney-client privilege, extended through a joint-defense common-interest agreement, protects a defendant's confidential communications made to an agent hired by a codefendant's attorney to assist both defendants' defense.