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12. Should the demand for the attorney's fee records be upheld?
A defendant is on trial for tax evasion. The prosecutor, seeking to establish the defendant's income by showing his expenditures, has asked the defendant's attorney to produce records showing only how much the defendant had paid his attorney in fees.
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B is incorrect. The attorney-client privilege can be invoked even where it conceals evidence of a past crime.
C is incorrect. As stated above, fee arrangements and payments generally fall outside the protection of the attorney-client privilege.
D is incorrect. The work product doctrine provides a qualified immunity for materials prepared by an attorney or client in anticipation of litigation, such as witness statements, investigative reports, or trial memoranda. The amount a client paid to his attorney for legal representation is outside the protection of the work-product doctrine.