SAN FRANCISCO — An obscure insurance-fraud case that grew into a federal courthouse spectacle — complete with trial counsel getting subpoenaed in the run-up to trial — is back. With a new twist.

In 2007, a husband and wife were tried separately for torching their car and claiming it was stolen to cash in on insurance money. Now in the habeas corpus stage, the case is raising questions of attorney-client privilege in the context of joint-defense agreements often used in multi-defendant prosecutions. On Wednesday, the Ninth Circuit U.S. Court of Appeals held that a party to a joint-defense agreement doesn’t unilaterally waive privilege for the other person by lodging an ineffective-assistance of counsel claim, as the convicted wife, Katherine Paiz, has done.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]