skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 120110 Find in a Library
Title: Dirty Money
Journal: ABA (American Bar Association) Journal  Volume:75  Dated:(November 1989)  Pages:60-65
Author(s): R L Fricker
Date Published: 1989
Page Count: 6
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Based on U.S. Supreme Court decisions, courts are seizing attorney fees as part of drug forfeiture actions. Many defense attorneys believe this violates the attorney-client privilege and defendants' right to counsel.
Abstract: In U.S. v. Monsanto, and Caplin and Drysdale v. U.S., the U.S. Supreme Court held that the government can seize and freeze a defendant's assets in a drug or racketeering case, even if those funds were to be used for retaining legal counsel. This has led in many cases to the subpoenaing of attorneys' records in an effort to determine the fact and the source of any legal fees paid by the defendant. Defense attorneys claim this violates the attorney-client privilege and puts drug defendants at a disadvantage in securing counsel. As a result of the court rulings and prosecutorial actions, many criminal defense attorneys refuse to take drug cases. The National Association of Criminal Defense Lawyers is calling for the appointment of a National Task Force on the Preservation of the Adversary System to lessen the impact of attorney-fee decisions. Another task force would lobby Congress and State legislatures to amend forfeiture laws so they are consistent with sixth amendment rights. The association has also requested meetings with the Justice Department to develop clearer forfeiture guidelines.
Main Term(s): Drug forfeiture
Index Term(s): Drug law offenses; Legal fees
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.