Crop Associates-1986, Frederick H. Behrens, Tax Matters Partner - Page 27




                                       - 27 -                                         
          VI.  “Invasion of privileged attorney-client communications                 
                through unlawful monitoring of meetings and telephone                 
                conversations.”                                                       
               We dispose of this complaint first because, for the most               
          part, it deals with a matter already disposed of by the Court.              
               In the motion, petitioner states:  “Respondent engaged in              
          illegal monitoring of attorney-client communications, which                 
          conversations were protected by the joint defense privilege.”  In           
          petitioner’s memorandum, petitioner states:                                 
               On several occasions in this case, the Respondent                      
               utilized Wendell Davies -- an attorney representing                    
               certain farmers who had contracted with AMCOR                          
               partnerships -- as a confidential informant (ultimately                
               paid) to engage in monitored telephone conversations or                
               meetings with Ted Frame, an attorney representing                      
               AMCOR, its principals and employees, and AMCOR                         
               partnerships.                                                          
          Although petitioner is not specific about the “several occasions”           
          he has in mind, the focus of petitioner’s complaint with respect            
          to conversations participated in by Mr. Frame appears to be the             
          conversations monitored and recorded by Mr. Goolkasian on                   
          November 14, December 8, and December 9, 1988 (the three                    
          conversations).  With respect to the three conversations,                   
          petitioner has failed to establish any attorney-client privilege            
          including joint defense privileges, or the application of the so-           
          called “work product” doctrine.  See Hickman v. Taylor, 329 U.S.            
          495 (1947).                                                                 
               Indeed, petitioner has failed to prove that Mr. Frame was              
          the recipient of any privileged communications with respect to              





Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next

Last modified: May 25, 2011