Upjohn v. United States

From Wikipedia, the free encyclopedia

This article or section is in need of attention from an expert on the subject.

WikiProject Law or the Law Portal may be able to help recruit one.

If a more appropriate WikiProject or portal exists, please adjust this template accordingly.

Upjohn v. United States

Supreme Court of the United States

Argued November 5, 1980
Decided January 13, 1981

Full case name:	Upjohn Company, et al. v. United States, et al.

Citations:	449 U.S. 383; 101 S. Ct. 677; 66 L. Ed. 2d 584; 1981 U.S. LEXIS 56; 49 U.S.L.W. 4093; 81-1 U.S. Tax Cas. (CCH) P9138; 1980-81 Trade Cas. (CCH) P63,797; Fed. Sec. L. Rep. (CCH) P97,817; 47 A.F.T.R.2d (RIA) 523; 30 Fed. R. Serv. 2d (Callaghan) 1101

Prior history:	Certiorari to the United States Court of Appeals for the Sixth Circuit

Holding

(1) District Court's test, of availability of attorney-client privilege, was objectionable as it restricted availability of privilege to those corporate officers who played “substantial role” in deciding and directing corporation's legal response; (2) where communications at issue were made by corporate employees to counsel for corporation acting as such, at direction of corporate superiors in order to secure legal advice from counsel, and employees were aware that they were being questioned so that corporation could obtain advice, such communications were protected; and (3) where notes and memoranda sought by government were work products based on oral statements of witnesses, they were, if they revealed communications, protected by privilege, and to extent they did not reveal communications, they revealed attorney's mental processes in evaluating the communications and disclosure would not be required simply on showing of substantial need and inability to obtain equivalent without undue hardship.

Court membership

Chief Justice: Warren E. Burger
Associate Justices: William J. Brennan, Jr., Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist, John Paul Stevens

Case opinions

Majority by: Rehnquist
Joined by: Brennan, Stewart, White, Marshall, Blackmun, Powell, Stevens, Burger (parts I, III)
Concurrence by: Burger

Upjohn Co. v. United States, 449 U.S. 383 (1981)^[1], was a case in which the Supreme Court of the United States held that lower-level employees could invoke attorney-client privilege.

The Court heard arguments on appeal from the United States Court of Appeals for the Sixth Circuit, which had held that attorney-client privilege did not apply to communication between Upjohn's middle management officials. The Sixth Circuit had also ruled that the work-product doctrine did not apply to the tax summons the company had received as a result of some of its unlawful business practices.

In a unanimous 9-0 decision, Justice William Rehnquist wrote the opinion of the Supreme Court in which it reversed the Sixth Circuit's holding. The Supreme Court held that the communications of lower ranking employees were protected by attorney-client privilege when protection was necessary to defend against litigation. The Court also reversed and remanded the tax summonses issue. Chief Justice Warren Burger wrote a concurring opinion in which he expanded upon the scope of attorney-client privilege.

The Upjohn case is considered one of the leading cases on attorney-client privilege in the American legal system.