In Re Grand Jury No. 94-1

76 F.3d 386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In Re GRAND JURY NO. 94-1. No. 95-50302. United States Court of Appeals, Ninth Circuit. Submitted Jan. 9, 1996. * Decided Jan. 31, 1996. Before: BRIGHT ** , SKOPIL, and WIGGINS, Circuit Judges. 1 MEMORANDUM *** 2 This is an appeal of the district court's order compelling an attorney to testify before a grand jury. The attorney had invoked the attorney-client privilege before the grand jury. The district court ruled that the crime-fraud exception applies. We agree and affirm. 3 We have held that the attorney-client privilege does not extend to "communications which solicit or offer advice for the commission of a crime or fraud." In re Grand Jury Subpoena 92-1(SJ), 31 F.3d 826, 829 (9th Cir.1994) (internal quotation omitted). To invoke the crime-fraud exception to the privilege, the government must make a prima facie showing "that the attorney was retained in order to promote intended or continuing criminal or…