In Re Grand Jury Proceedings. Appeal of John Doe

Appellant John Doe is a target of a grand jury investigation. Mary Roe, an attorney, represented Doe in certain proceedings in the United States District Court for the Northern District of California. The grand jury subpoenaed Roe. Doe moved to quash the subpoena on the ground that the attorney-client privilege and work product doctrine prevented disclosure. of the information the grand jury sought from attorney Roe. The government opposed the motion. It contended the crime-fraud exception applied. In support of this contention, it submitted material which the district court reviewed in camera. The district court rejected Doe’s request to examine this material, and ordered Roe to testify except as to her “opinion fact product” or her “mental impressions.” Doe appeals. We affirm.

APPELLATE JURISDICTION

We have jurisdiction under the Perlman doctrine. In re Grand Jury Subpoena Dated June 5, 1985, 825 F.2d 231, 236-37 (9th Cir.1987); In re Grand Jury Subpoenas Duces Tecum, 695 F.2d 363, 365 (9th Cir.1982); see also Perlman v. United States, 247 U.S. 7 , 38 S.Ct. 417 , 62 L.Ed. 950 (1918).

ANALYSIS

There is no question that Roe was Doe’s attorney at the time she obtained…