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U.S. v. JICARILLA APACHE NATION

No. 10-382.

131 S.Ct. 2313 (2011)

564 U.S. 162

180 L.Ed.2d 187

UNITED STATES, Petitioner, v. JICARILLA APACHE NATION.

Supreme Court of United States.

Decided June 13, 2011.

Attorney(s) appearing for the Case

Pratik A. Shah, Washington, DC, for Petitioner.

Steven D. Gordon, Washington, DC, for Respondent.

Neal Kumar Katyal, Acting Solicitor General, Washington, DC, for United States.

Steven D. Gordon, Shenan R. Atcitty, Stephen J. McHugh, Holland & Knight LLP, Washington, D.C., for Respondent.

Hilary C. Tompkins, Solicitor, Department of the Interior, Washington, DC, Neal Kumar Katyal, Acting Solicitor General, Ignacia S. Moreno, Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Pratik A. Shah, Assistant to the Solicitor General, Brian C. Toth, Washington, DC, for United States.

Justice ALITO delivered the opinion of the Court.

The attorney-client privilege ranks among the oldest and most established evidentiary privileges known to our law. The common law, however, has recognized an exception to the privilege when a trustee obtains legal advice related to the exercise of fiduciary duties. In such cases, courts have held, the trustee cannot withhold attorney-client communications from the beneficiary of the trust.

In this case, we...

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