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6. Production of the letter should be
In a federal investigation of a defendant for tax fraud, the grand jury seeks to obtain a letter written January 15 by the defendant to her attorney in which she stated: «Please prepare a deed giving my ranch to the university but, in order to get around the tax law, I want it back-dated to December 15.» The attorney refuses to produce the letter on the ground of privilege.
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A is incorrect. It ignores the crime-fraud exception to the attorney-client privilege.
B is incorrect. The letter, although certainly incriminating, was not made to law enforcement officers in a custodial interrogation.
D is incorrect. The attorney can assert the privilege on behalf of the client.