http://www.washingtonwatch.com/bills info@washingtonwatch.com http://www.pjdoland.com/chai/?v=0.1 http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=16737 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc0"> Detailed Summary </h2> <p>&lt;b&gt;&lt;/b&gt;</p> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment (&amp;quot;giving cooperation credit&amp;quot;) on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <p>Declares that this Act does not affect any other federal statute that may authorize, in the course of an examination or inspection, a U.S. agent or attorney to require or compel the production of attorney-client privileged material or attorney work product.</p> <p>Declares that the prohibition against conditioning a charging decision does not apply to charging an organization (or affiliated person) for certain conduct under a federal law which makes that conduct in itself an offense. Specifies as conduct which may under federal law constitute an offense, and so be exempted from this prohibition: (1) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (2) entry into a joint defense, information sharing, or common interest agreement with an employee of that organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; and (3) the sharing of information relevant to the investigation or enforcement matter with an employee of the organization.&lt;br&gt;</p> <p>&lt;br&gt;</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc1"> Status of the Legislation </h2> <p>Latest Major Action: 11/14/2007: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc2"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc3"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 16737@http://www.washingtonwatch.com Fri, 11 Jan 2008 00:00:00 EST http://www.washingtonwatch.com/bills/show/110_HR_3013.html#24577 I would think that when they referenced "a lawyer of the United States" that they only meant federal prosecutors as they are seen, within our justice system, as lawyers of the US. However, I do agree that more terms need to be defined. Perhaps the Senate will do this when they consider S. 186... 24577@http://www.washingtonwatch.com Thu, 13 Dec 2007 00:00:00 EST http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=13972 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc4"> Detailed Summary </h2> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc5"> Status of the Legislation </h2> <p>Latest Major Action: 11/14/2007: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc6"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc7"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 13972@http://www.washingtonwatch.com Thu, 15 Nov 2007 00:00:00 EST http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=13829 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc8"> Detailed Summary </h2> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc9"> Status of the Legislation </h2> <p>Latest Major Action: 11/13/2007: Passed/agreed to in House. Status: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc10"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc11"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 13829@http://www.washingtonwatch.com Wed, 14 Nov 2007 00:00:00 EST http://www.washingtonwatch.com/bills/show/110_HR_3013.html 11/14/2007: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary. 30956@http://www.washingtonwatch.com Wed, 14 Nov 2007 00:00:00 EST http://www.washingtonwatch.com/bills/show/110_HR_3013.html 11/13/2007: Passed/agreed to in House. Status: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. 30871@http://www.washingtonwatch.com Tue, 13 Nov 2007 00:00:00 EST http://www.washingtonwatch.com/bills/show/110_HR_3013.html#20794 The bill has several ambiguous phrases that could potentially be fatal flaws in the document. One example is that it says that no Lawyer of the United States shall.... Unless this is defined somewhere else, is it clear, most especially in civil matters, who is a 'lawyer of the United States?' Is it opposing counsel? Is it only attorneys representing agencies of the United States Government? Anyway, there are others and the document needs to be rewritten with language and text that will both say what is meant and mean what is said... 20794@http://www.washingtonwatch.com Mon, 20 Aug 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=8172 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc12"> Detailed Summary </h2> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc13"> Status of the Legislation </h2> <p>Latest Major Action: 8/1/2007: House committee/subcommittee actions. Status: Ordered to be Reported by Voice Vote.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc14"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc15"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 8172@http://www.washingtonwatch.com Sat, 04 Aug 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/show/110_HR_3013.html 8/1/2007: House committee/subcommittee actions. Status: Ordered to be Reported by Voice Vote. 24904@http://www.washingtonwatch.com Wed, 01 Aug 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/show/110_HR_3013.html 8/1/2007: House committee/subcommittee actions. Status: Ordered to be Reported by Voice Vote. 28781@http://www.washingtonwatch.com Wed, 01 Aug 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=5554 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc16"> Detailed Summary </h2> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc17"> Status of the Legislation </h2> <p>Latest Major Action: 7/24/2007: House committee/subcommittee actions. Status: Forwarded by Subcommittee to Full Committee by Voice Vote .</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc18"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc19"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 5554@http://www.washingtonwatch.com Wed, 25 Jul 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=5360 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc20"> Detailed Summary </h2> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc21"> Status of the Legislation </h2> <p>Latest Major Action: 7/20/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc22"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc23"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 5360@http://www.washingtonwatch.com Tue, 24 Jul 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/show/110_HR_3013.html 7/24/2007: House committee/subcommittee actions. Status: Forwarded by Subcommittee to Full Committee by Voice Vote . 24160@http://www.washingtonwatch.com Tue, 24 Jul 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/show/110_HR_3013.html 7/20/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. 24050@http://www.washingtonwatch.com Fri, 20 Jul 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=4775 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc24"> Detailed Summary </h2> <p>Attorney-Client Privilege Protection Act of 2007 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.</p> <p>Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.</p> <p>Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.</p> <p>Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc25"> Status of the Legislation </h2> <p>Latest Major Action: 7/12/2007: Referred to House committee. Status: Referred to the House Committee on the Judiciary.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc26"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc27"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 4775@http://www.washingtonwatch.com Thu, 19 Jul 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=4291 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc28"> Detailed Summary </h2> <p>(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc29"> Status of the Legislation </h2> <p>(Log in to edit the wiki and be the first to update the status of the bill!)</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc30"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc31"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 4291@http://www.washingtonwatch.com Fri, 13 Jul 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/history/110_HR_3013.html?rev=4292 <p>H.R. 3013 would provide appropriate protection to attorney-client privileged communications and attorney work product.</p> <h2 id="toc32"> Detailed Summary </h2> <p>(Log in to edit the wiki and be the first to provide a detailed summary of the bill!)</p> <!--Leave in the 'summary' tags if you want the latest summary from the Congressional Research Service automatically to replace the text between the tags once it becomes available. --> <h2 id="toc33"> Status of the Legislation </h2> <p>Latest Major Action: 7/12/2007: Referred to House committee. Status: Referred to the House Committee on the Judiciary.</p> <!-- Leave in the 'status' tags if you want the latest reported status from THOMAS automatically to replace the text between the tags once it becomes available. --> <h2 id="toc34"> Points in Favor </h2> <p>(Log in to edit the wiki and be the first to show why the bill should pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> <h2 id="toc35"> Points Against </h2> <p>(Log in to edit the wiki and be the first to show why the bill should not pass!)<br /> <!-- First editor: Go ahead and take out the sentence in parentheses, and this notice! --> </p> 4292@http://www.washingtonwatch.com Fri, 13 Jul 2007 00:00:00 EDT http://www.washingtonwatch.com/bills/show/110_HR_3013.html 7/12/2007: Referred to House committee. Status: Referred to the House Committee on the Judiciary. 23541@http://www.washingtonwatch.com Thu, 12 Jul 2007 00:00:00 EDT