For the Defense - Vol. 9, Issue 2 - 20

Cause for Concern: The Erosion
of Respect for Criminal Defense
Attorneys' Attorney-Client
Privileges and the Work-Product
Doctrine
Andrea Moseley
The Defense Lawyer as Subject of the Grand Jury
to Ravenell or relevance to the ongoing investigation. " 1
I
n 2014, a widely respected criminal defense attorney, Kenneth
Ravenell ( " Ravenell " ), found himself under federal investigation
for money laundering and other alleged offenses relating to his
representation of a client. Ravenell hired another veteran attorney,
Joshua Treem ( " Treem " ), to represent him. On January 11, 2019,
the government sent Treem a letter informing him that he himself
was now the subject of a grand jury investigation, based on his
alleged obstruction of the government's investigation into his
client Ravenell.
The Search Warrant and the Filter Team
On June 18, 2019, the government executed search warrants
at Treem's office ( " Firm " ) and seized " tens of thousands of
documents " including Treem's " emails, regardless of their relation
20 For The Defense l Vol. 9, Issue 2
Treem was
advised that the government had put a filter protocol in place for
the seized items. However, according to the government, Treem's
alleged obstruction triggered the crime-fraud exception to the
attorney-client privilege and work product doctrine.2
The filter protocol, designed by the government, was approved
by the federal magistrate judge who issued the search warrants,
ex parte. The " Filter Team " was comprised of federal agents and
prosecutors who would, ostensibly, be neutral in their inspection
of attorney-client materials.3
During the execution of the search
warrant on June 18, 2019, members of the Firm voiced objections
about the breadth of the search and seizures directly to the agents
and to the prosecutors involved. In addition, the Firm delivered a
letter to the United States attorney on June 21, 2019, requesting
among other things, the return of all seized items, an objection to
the use of the Filter Team or, in the alternative, a proposal for an

For the Defense - Vol. 9, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 9, Issue 2

Contents
For the Defense - Vol. 9, Issue 2 - 1
For the Defense - Vol. 9, Issue 2 - 2
For the Defense - Vol. 9, Issue 2 - Contents
For the Defense - Vol. 9, Issue 2 - 4
For the Defense - Vol. 9, Issue 2 - 5
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