Does anyone know of a case in which a court held that the attorney-client privilege does not prohibit a prosecutor from asking a witness before the grand jury when the attorney was retained, how the attorney was referred to the witness, who is paying for the attorney, etc. is not privileged?

Basically what we have is a number of witnesses who are now "represented" by the attorney representing the person who is the subject of the investigation, and we want to be able to ask them questions about their involvement in the case prior to "retaining" counsel.

[This message was edited by Danny Smith on 04-29-08 at .]

Sent you an email.

Also look at Article 38.38.

See TDCAA Ethics book,pp 43-44 & nn 66-71 for discussion of general rule as to applicability of attorney-client privilege to information surrounding circumstances of representation and exceptions to the general rule.