Logourl black
From our private database of 13,800+ case briefs...

In re Osterhoudt

United States Court of Appeals for the Ninth Circuit
722 F.2d 591 (1983)


Facts

Luxana Phaksuan hired attorney William Osterhoudt to represent him in a grand jury investigation regarding possible income tax and controlled substance violations. As part of its investigation, the government issued a subpoena to Phaksuan seeking disclosure of the amount, form and dates of legal fees paid by Phaksuan to his counsel, Osterhoudt. Phaksuan filed a motion to quash the subpoena, arguing that this information was protected by the attorney-client privilege, claiming the information fell within an exception to the general rule that information regarding legal fee arrangements is not protected by the attorney-client privilege. The government represented that the grand jury was investigating Phaksuan as a result of information indicating that he had made substantial sums of money as a “major distributor of several multi-ton loads of marijuana,” and that a complete financial investigation was part of the investigation. The government claimed that the date, amount and form of legal fees paid to Osterhoudt were necessary information for the investigation. Phaksuan claimed that the exception to the general rule applied anytime disclosure of information regarding the fee arrangement would incriminate the client in the very matter for which he retained legal counsel. The district court denied Phaksuan’s motion to quash the subpoena and Phaksuan appealed to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Per curiam)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 166,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.