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Lawyers' Suit over Taping Client Conversations Proceeds

By ALM Staff | Law Journal Newsletters |
July 13, 2006

Legal Aid lawyers claiming the government violated their rights by secretly recording attorney-client communications with 9/11 detainees won a major battle in June when a federal judge permitted the bulk of the action to proceed.

The case is unusual in that it centers on the rights and privileges of lawyers operating behind the attorney-client shield, rather than on the rights of the clients.

Eastern District of New York Judge Nina Gershon rejected nearly all of the arguments for dismissal, including qualified immunity, and said the attorneys raised a viable complaint under both the Wiretap Act and the Fourth Amendment. She dismissed a Fifth Amendment claim alleging violations of substantive due process rights, but only because that claim arose from the same alleged injuries and sought the same remedy as the Fourth Amendment claim.

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