In Re Grand Jury Subpoena For: William Lathan Osterhoudt, Luxana Phaksuan. Luxana Phaksuan, Movant-Appellant v. United States
Opinion
Opinion
The district court properly denied appellant’s motion to quash the grand jury subpoena directed to his attorney.
The government stipulated that only the amount, form, and date of payment of legal fees need be disclosed. Appellant recognizes that generally “[t]he identity of an attorney’s clients and the nature of his fee arrangements with his clients are not confidential communications protected by the attorney-client privilege.” United States v. Hodge & Zweig, 548 F.2d 1347, 1353 (9th Cir.1977). See also In re Grand Jury Subpoenas (Lahodny), 695 F.2d 363, 365 (9th Cir.1982); In re Grand Jury Witness (Salas & Waxman), 695 F.2d 359, 361 (9th Cir.1982); United States v. Sherman, 627 F.2d 189, 190 (9th Cir.1980). He argues, however, that the subpoena fell within an exception to this general rule barring disclosure where “a strong probability exists that disclosure of such information would implicate that client in the very criminal activity for which legal advice was sought.” Hodge & Zweig, 548 F.2d at 1353 .
Appellant contends the exception applies in this case because he hired the attorney to represent him in a grand jury investigation of possible income tax and controlled…