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present any evidence to support his claim that his client did
waive the attorney-client privilege with regard to the materials.
Petitioner’s testimony alone, even if uncontradicted, does not
establish McVeigh’s waiver of the attorney-client privilege. See
Boyett v. Commissioner, 204 F.2d 205, 208 (5th Cir. 1953), affg.
a Memorandum Opinion of this Court. Confidentiality is a
hallmark of the attorney-client relationship, and the attorney’s
mere conclusion that the client waived that privilege is not
sufficient evidence of an explicit waiver. In the absence of
evidence establishing that McVeigh consented to disclosure by his
attorney of the materials in issue, petitioner is bound by his
ethical obligations under the Oklahoma Rules of Professional
Conduct to refrain from disclosing and capitalizing on
information related to his representation of McVeigh.
Rules 1.15 and 1.16 of the Oklahoma Rules of Professional
Conduct also support our holding. Rule 1.15 requires that an
attorney safeguard all clients’ property in the attorney’s
possession and preserve records of account funds and other
property for at least 5 years after representation is terminated.
Okla. Stat. Ann. tit. 5, Ch. 1, App. 3-A, R 1.15(a). Rule 1.16,
Oklahoma Rules of Professional Conduct, requires:
(d) Upon termination of representation, a lawyer
shall take steps to the extent reasonably practicable
to protect a client’s interests, such as * * *
surrendering papers and property to which the client is
entitled * * *. The lawyer may retain papers relating
to the client to the extent permitted by other law.
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Last modified: March 27, 2008