TO:
FROM:
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RE: WHETHER ATTORNEY INVOICES AND BILLS ARE PRIVILEGED IN THE FOURTH CIRCUIT
The question presented is whether attorney invoices and bills are privileged in the fourth circuit. Based on the First Circuit, Attorney invoices and bills are privileged. This is basing on the fact that billing records may comprise of information such as the nature of work performed by the attorney or reveal something regarding advice sought or given. In re Grand Jury subpoenas, 123 F.3d 695 (1st Cir. 1997), whenever the grand jury provides a subpoena to a legal firm for records that relate to a client, if the trial court rejects a motion to overturn based on attorney-client privilege, then the company may opt to appeal (Garland, 2015). Therefore, does the Fourth Circuit consider attorney invoices and bills to be privileged?
Yes, attorney bills and invoices are privileged in the fourth circuit. Bills and invoices are evidence of an existing attorney-client relationship. Therefore, an attorney cannot be compelled to reveal confidential information or the nature of communication with a client. However, there exist instances that result in exceptions to the confidentiality rule that protects the privilege of attorney billing statements.
Defendants may object to disclosing billing information and attorney-client privileged communications if it is not within the scope that has been directed by Court Order. In Eugene Scalia, Secretary of Labor, United States Department of Labor V. Medical Staffing of America, LLC, D/B/A Steadfast Medical Staffing, and Lisa Ann Pitts, it was argued that “redacted” evidence could not be considered spoliation of evidence if the privileged communications do not carry any relevance to the underlying case.
However, various exceptions to privileged communications might apply. Exceptions to privileged information may arise in the event that death or bodily harm can be prevented when the details can prevent a crime that is set to injure the property or finances of another individual or to attain ethics advice. Also, other exceptions to the confidentiality rule comprise of undertakings such as to establish a defense on behalf of the lawyer, to be in compliance with a court order, or to resolve conflicts of interest related to an attorney’s employment change (Young, 2017).
Seeking disclosure of invoices and bills that were not disclosed by the third parties would not be advised. This is because of the confidentiality rule that governs the attorney-client privilege. However, an exception to this could be applied when the redacted information has direct relevance to the case. Moreover, sufficient ground can be instigated to prompt the court to issue an order that requires the provision of the redacted information of the attorney bills and invoices.