Cite as: 524 U. S. 399 (1998)
Opinion of the Court
Rehnquist, C. J., delivered the opinion of the Court, in which Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. OTMConnor, J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined, post, p. 411.
James Hamilton, pro se, argued the cause for petitioners. With him on the briefs was Robert V. Zener.
Brett M. Kavanaugh argued the cause for the United States. With him on the brief were Kenneth W. Starr and Craig S. Lerner.*
Chief Justice Rehnquist delivered the opinion of the Court.
Petitioner James Hamilton, an attorney, made notes of an initial interview with a client shortly before the client's death. The Government, represented by the Office of Independent Counsel, now seeks his notes for use in a criminal investigation. We hold that the notes are protected by the attorney-client privilege.
This dispute arises out of an investigation conducted by the Office of the Independent Counsel into whether various individuals made false statements, obstructed justice, or committed other crimes during investigations of the 1993 dismissal of employees from the White House Travel Office. Vincent W. Foster, Jr., was Deputy White House Counsel when the firings occurred. In July 1993, Foster met with petitioner Hamilton, an attorney at petitioner Swidler & Berlin, to seek legal representation concerning possible congressional or other investigations of the firings. During a 2-hour meeting, Hamilton took three pages of
*Briefs of amici curiae urging reversal were filed for the American Bar Association by Jerome J. Shestack, William H. Jeffress, Jr., and Scott L. Nelson, Jr.; for the American College of Trial Lawyers by Edward Brodsky and Alan J. Davis; and for the National Association of Criminal Defense Lawyers et al. by Mark I. Levy, Timothy K. Armstrong, Lisa B. Kemler, Steven Alan Bennett, Arthur H. Bryant, and Richard G. Taranto.
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