jicarilla apache nation argued april decided june respondent jicarilla apache nation tribe reservation contains natural resources developed pursuant statutes administered interior department proceeds resources held trust tribe tribe filed action federal claims cfc seeking monetary damages government alleged mismanagement tribe trust funds violation laws discovery tribe moved compel production certain documents government agreed release documents asserted others protected inter alia privilege cfc granted motion part holding departmental communications relating management trust funds fall within fiduciary exception privilege exception courts applied trusts trustee obtains legal advice related trust administration precluded asserting privilege trust beneficiaries denying government petition writ mandamus directing cfc vacate production order federal circuit agreed cfc trust relationship indian tribes sufficiently similar private trust justify applying fiduciary exception appeals held deny tribe request discover communications government attorneys based privilege communications concern management indian trust government claimed attorneys considered specific competing interest communications held fiduciary exception privilege apply general trust relationship indian tribes pp considers bounds fiduciary exception nature indian trust relationship pp english common law trustee obtained legal advice guide trust administration defense litigation beneficiaries entitled production documents related advice rationale advice sought benefit obtained expense trust funds used pay attorney leading american case riggs nat bank washington zimmer delaware chancery applied fiduciary exception hold trust beneficiaries compel trustees produce legal memorandum related trust administration trustees obtained legal advice mere representative beneficiaries real clients attorney fiduciary duty furnish information beneficiaries outweighed trustees interest privilege federal courts appeals apply fiduciary exception based two criteria pp federal circuit analogized government private trustee responsibilities respect management tribal funds bear resemblance private trustee analogy taken far government trust obligations tribes established governed statute common law see navajo nation navajo fulfilling statutory duties government acts private trustee pursuant sovereign interest execution federal law see heckman federal law imposes fiduciary obligations government common law play role navajo nation navajo ii inform interpretation statutes see white mountain apache tribe applicable statutes regulations control tribe identify specific applicable statute regulation government violated neither government indian assets trust principles matter navajo ii supra pp two criteria justifying fiduciary exception absent trust relationship indian tribes pp cases applying fiduciary exception courts identify real client based whether advice bought trust corpus whether trustee reason seek advice personal rather fiduciary capacity whether advice intended purpose benefit trust riggs applying factors concludes obtain legal advice mere representative tribe tribe real client advice intended see government attorneys paid congressional appropriations cost tribe government also seeks legal advice sovereign capacity rather conventional fiduciary tribe sovereign interest distinct beneficiaries private interests government seeks legal advice personal fiduciary capacity moreover government many competing legal concerns allow inquiry communication purpose addition duty tribe government may need comply statutory duties environmental conservation obligations may also face conflicting duties different tribes individual indians may seek advice counsel guidance balancing competing interests help determine whether conflicting interests privilege effective must predictable see jaffee redmond government always able predict considerations qualify competing interests especially receiving counsel advice government required identify specific interests considered communication ability receive confidential legal advice substantially compromised see upjohn pp federal circuit also decided fiduciary exception properly applied fiduciary duty disclose information beneficiary government however disclosure obligations private trustee case delineates government trust responsibilities identifies interior secretary obligation supply tribal account holders periodic statements account performance make available daily basis account balances secretary complied requirements regulations mandating tribe provided detailed quarterly statement performance cfr pt common law trusts override specific statutes regulations statutory clause labeling enumerated trust responsibilities nonexhaustive see read include general duty disclose information related administration indian trusts since vitiate congress specification narrowly defined disclosure obligations see mackey lanier collection riggs agency service law regulation moreover documents issue classed property records property tribe cfr considers ownership records significant factor deciding access document riggs supra privilege belongs pp reversed remanded alito delivered opinion roberts scalia kennedy thomas joined ginsburg filed opinion concurring judgment breyer joined sotomayor filed dissenting opinion kagan took part consideration decision case petitioner jicarilla apache nation writ certiorari appeals federal circuit june justice alito delivered opinion privilege ranks among oldest established evidentiary privileges known law common law however recognized exception privilege trustee obtains legal advice related exercise fiduciary duties cases courts held trustee withhold communications beneficiary trust case consider whether fiduciary exception applies general trust relationship indian tribes hold although government responsibilities management funds belonging indian tribes bear resemblance private trustee analogy taken far trust obligations indian tribes established governed statute rather common law fulfilling statutory duties government acts private trustee pursuant sovereign interest execution federal law reasons fiduciary exception trustee independent interest trust administration trustee subject general duty disclosure apply context jicarilla apache nation tribe occupies reservation northern new mexico established executive order land contains timber gravel oil gas reserves developed pursuant statutes administered department interior proceeds derived natural resources held trust tribe pursuant american indian trust fund management reform act stat statutes tribe commenced action federal claims cfc tribe sued tucker act ed supp iii indian tucker act vest cfc jurisdiction claims government founded constitution laws treaties contracts complaint seeks monetary damages government alleged mismanagement funds held trust tribe tribe argues government violated various laws including govern management funds held trust indian tribes see fed cl december june government tribe participated alternative dispute resolution order resolve claim time government turned thousands documents withheld potentially relevant documents protected privilege attorney doctrine privilege request tribe case restored active litigation docket cfc divided case phases trial set discovery schedule first phase relevant concerns government management tribe trust accounts tribe alleges period government failed invest trust funds properly among things tribe claims government failed maximize returns trust funds invested heavily maturities failed pool trust funds tribal trusts discovery tribe moved compel government produce withheld documents response government agreed withdraw claims privilege accordingly produce documents government continued assert privilege attorney doctrine respect remaining documents cfc reviewed documents camera classified five requests legal advice relating trust administration sent personnel department interior office solicitor directs legal affairs department legal advice sent solicitor office personnel interior treasury departments documents generated contracts interior accounting firm interior documents concerning litigation tribes miscellaneous documents falling categories cfc granted tribe motion compel part cfc held communications relating management trust funds fall within fiduciary exception privilege exception courts applied context trusts trustee obtains legal advice related execution fiduciary obligations precluded asserting privilege beneficiaries trust cfc concluded trust relationship indian tribes sufficiently analogous trust relationship exception apply accordingly cfc held may shield tribe communications attorneys relating trust matters cfc ordered disclosure almost documents first two categories documents involve matters regarding administration tribal trusts either directly indirectly implicating investments benefit jicarilla contain legal advice relating trust administration cfc allowed government withhold documents remaining categories attorney work identified individual documents determined also subject fiduciary exception government sought prevent disclosure documents petitioning appeals federal circuit writ mandamus directing cfc vacate production order appeals denied petition view cfc correctly applied fiduciary exception held deny indian tribe request discover communications attorneys based privilege communications concern management indian trust claimed government attorneys considered specific interest communications ca fed qualifying holding recognized sometimes government may statutory obligations clash fiduciary duties indian tribes government alleged legal advice case related conflicting interests reserved judgment fiduciary exception might apply situation rejected government argument duties indian tribes governed statute rather common law general duty disclosure override privilege also disagreed government contention approach made privilege unpredictable impair government ability obtain confidential legal advice granted certiorari reverse remand proceedings ii federal rules evidence provide evidentiary privileges shall governed principles common law light reason experience fed rule evid privilege oldest privileges confidential communications known common law upjohn citing wigmore evidence mcnaughton rev aim encourage full frank communication attorneys clients thereby promote broader public interests observance law administration justice hunt blackburn objectives privilege apply governmental clients privilege aids government employees obtaining legal advice founded complete accurate factual picture restatement third law governing lawyers comment pp unless applicable law provides government may invoke privilege civil litigation protect confidential communications government officials government attorneys overnmental agencies employees enjoy privilege nongovernmental counterparts tribe argues however common law also recognizes fiduciary exception privilege virtue trust relationship government tribe documents otherwise privileged must disclosed preliminary matters consider bounds fiduciary exception nature trust relationship indian tribes english courts first developed fiduciary exception principle trust law century rule trustee obtained legal advice guide administration trust trustee defense litigation beneficiaries entitled production documents related advice wynne humberston beav eng talbot marshfield sm eng courts reasoned normal privilege apply situation legal advice sought beneficiaries benefit obtained beneficiaries expense using trust funds pay attorney fees ibid wynne supra eng fiduciary exception quickly became established feature english common law see mason ch appear country following century american courts seem first expressed skepticism see supp edny declining apply fiduciary exception trustee bondholding corporation important right corporate trustee seek legal advice nevertheless act accordance judgment however american courts began adopt english rule see garner wolfinbarger allowing shareholders upon showing good cause discover legal advice given corporate management leading american case fiduciary exception riggs nat bank washington zimmer del ch case beneficiaries trust estate sought compel trustees reimburse estate alleged breaches trust beneficiaries moved compel trustees produce legal memorandum related administration trust trustees withheld basis privilege delaware chancery observing american case law practically nonexistent duty trustee context looked english cases applying fiduciary exception held memorandum discoverable identified two reasons applying exception first explained trustees obtained legal advice mere representative beneficiaries trustees fiduciary obligation act beneficiaries interest administering trust ibid reason beneficiaries real clients attorney advised trustee matters therefore privilege properly belonged beneficiaries rather trustees based real client determination several factors advice sought adversarial proceedings trustees beneficiaries pending therefore reason trustees seek legal advice personal rather fiduciary capacity saw indication memorandum intended purpose benefit trust law firm paid trust assets advice obtained beneficiaries expense significant factor entitling beneficiaries see document also strong indication precisely real clients distinguished legal advice procured trustee expense protection remain privileged situation trust assessed obtaining opinions counsel interests beneficiaries presently stake ibid latter case fiduciary exception applied trustees withhold communications beneficiaries second concluded trustees fiduciary duty furnish information outweighed interest privilege policy preserving full disclosure necessary relationship explained ultimately important protection trustees confidence attorney trust information helped beneficiaries police trustees management trust disclosure judgment public policy preservation confidential communications ibid federal courts appeals apply fiduciary exception based two criteria see long island lighting wachtel health net solis food employers labor relations app lexis may wildbur arco chemical evans per curiam decision federal appellate held exception apply trustee indian tribes order apply fiduciary exception case appeals analogized government private trustee applied analogy limited contexts see mitchell mitchell ii mean government resembles private trustee every respect contrary previously noted relationship indian tribes distinctive different existing individuals whether dealing arm length trustees beneficiaries otherwise klamath moadoc tribes emphasis added general relationship indian tribes comparable private trust relationship cherokee nation cl emphasis added government course private trustee though relevant statutes denominate relationship government indians trust see trust defined governed statutes rather common law see navajo nation navajo analysis must train specific statutory regulatory prescriptions recognized prior cases congress may style relations indians trust without assuming fiduciary duties private trustee creating trust relationship limited bare compared trust relationship private parties common law mitchell mitchell mitchell ii supra difference private trust statutory indian trust follows unique position government sovereign distinction public rights government private rights private parties well established government consents liable private parties may yield consent upon terms restrictions may think murray lessee hoboken land improvement creates important distinction cases private right arise government persons subject authority connection performance constitutional functions executive legislative departments crowell benson throughout history indian trust relationship recognized organization management trust sovereign function subject plenary authority congress see merrion jicarilla apache tribe retains plenary authority divest tribes attributes sovereignty wheeler congress plenary authority legislate indian tribes matters including form government winton amos congress plenary authority indians tribal relations full power legislate concerning tribal property lone wolf hitchcock plenary authority tribal relations indians exercised congress beginning power always deemed political one subject controlled judicial department government cherokee nation hitchcock power existing congress administer upon guard tribal property power political administrative nature manner exercise question within province legislative branch determine one courts see also candelaria tiger western investment indian trust relationship represents exercise authority explained government real direct interest guardianship exercises indian tribes interest one vested sovereign minnesota especially government often structured trust relationship pursue policy goals thus trust administration relat es welfare indians maintenance limitations congress prescribed part plan distribution distinctly interest heckman see also candelaria supra heckman government brought suit cancel certain conveyances allotted lands members indian tribe conveyances violated restrictions alienation imposed congress explained government brought suit representative indian grantors whose conveyances sought cancel indians thereby bound judgment formally acting trustee government fact asserting sovereign interest disposition indian lands indians precluded intervening litigation advance position contrary government result possible government assumed fiduciary role indians trustee governing authority enforcing statutory law question undisputed existence general trust relationship indian people mitchell ii government following humane self imposed policy charged moral obligations highest responsibility trust seminole nation obligations fulfillment national honor committed heckman supra congress expressed policy series statutes defined redefined trust relationship indian tribes cases congress established limited trust relationship serve narrow purpose see mitchell congress intended hold land general allotment act simply wished prevent alienation land ensure allottees immune state taxation navajo indian mineral leasing act imposes detailed fiduciary responsibilities government expressly invested responsibility secure needs best interests indian cases found particular statutes regulations clearly establish fiduciary obligations government areas mitchell ii supra see also white mountain apache tribe federal law imposes duties common law play role navajo nation navajo ii slip looked principles inform interpretation statutes determine scope liability congress imposed see white mountain apache tribe supra applicable statutes regulations establish fiduciary relationship define contours fiduciary responsibilities mitchell ii supra tribe identify specific applicable statute regulation government violated neither government indian assets trust principles matter navajo ii supra slip government assumes indian trust responsibilities extent expressly accepts responsibilities years described federal relationship indian tribes using various formulations indian tribes called domestic dependent nations cherokee nation georgia pet tutelage heckman supra subject exercise government guardianship affairs sandoval concepts necessarily correspond trust relationship see restatement guardianship trust congress chosen structure indian trust relationship different ways apply trust principles congress indicated appropriate reason tribe must point right conferred statute regulation order obtain otherwise privileged information government wishes iii case tribe claim arises american indian trust fund management reform act et seq define trust responsibilities respect tribal funds appeals concluded trust relationship indian tribes outlined statutes sufficiently similar private trust justify applying fiduciary exception disagree discussed government exercises carefully delimited trust responsibilities sovereign capacity implement national policy respecting indian tribes two features justifying fiduciary exception beneficiary status real client trustee duty disclose information trust notably absent trust relationship congress established tribe appeals applied fiduciary exception based determination tribe rather government real client respect government attorneys advice ibid cases applying fiduciary exception courts identify real client based whether advice bought trust corpus whether trustee reason seek advice personal rather fiduciary capacity whether advice intended purpose benefit trust riggs applying factors conclude obtain legal advice mere representative tribe tribe real client advice intended see ibid government attorneys paid congressional appropriations cost tribe courts look source funds strong indicator precisely real clients significant factor determining access legal advice similarly find significant attorneys paid government advice regarding government statutory obligations payment structure confirms view government seeks legal advice sovereign capacity rather conventional fiduciary tribe undoubtedly congress intends indian tribes benefit government management tribal trusts intention represents humane self imposed policy based felt moral obligations seminole nation statutory purpose imply full trust however cf restatement comment trust created settlor manifests intention impose merely moral obligation congress makes policy judgments pursuant sovereign governing authority implementation federal policy remains distinctly interest heckman said continue trustee active interest disposition indian assets terms trust relationship embody policy goals mckay kalyton prior cases found government established trust relationship order impose policy indian lands see mitchell congress intended land trust wished prevent alienation land cases government invoked trust relationship prevent state interference policy toward indian tribes see minnesota candelaria kagama exercise federal authority thereby established often left acts congress discretion executive department heckman supra way congress designed trust relationship serve interests well benefit indian tribes see rickert trust relationship adoption part policy public interests may quoting choctaw nation agree tribe amici government officials obtained advice stake substance advice beyond trustee role brief respondent interests trust administration identical interests tribal trust fund beneficiaries brief national congress american indians et al amici curiae sovereign interest administration indian trusts distinct private interests may benefit administration courts apply fiduciary exception ground management manage garner wachtel central importance garner riggs fiduciary lack legitimate personal interest legal advice obtained government never position one purpose indian trust relationship benefit tribes government independent interest implementation federal indian policy reason government seeks legal advice related administration tribal trusts establishes relationship related sovereign interest execution federal law words government seeks legal advice personal rather fiduciary capacity see riggs moreover government many competing legal concerns allow inquiry purpose communication multiple interests involved trust relationship equivalence interests beneficiary trustee breaks principle applies particular force government multiple interests must represent government follow fastidious standards private fiduciary breach duties single beneficiary solely representing potentially conflicting interests without beneficiary consent nevada appeals acknowledged government may obliged balance competing interests administers tribal trust government may need comply statutory duties environmental conservation obligations appeals discussed see government may also face conflicting obligations different tribes individual indians see nance epa federal government conflicting fiduciary responsibilities northern cheyenne crow tribes hoopa valley tribe christie trust relation exists discharged plaintiff expense indians within bounds general trust relationship indian people recognized government discretion reorder priorities serving subgroup beneficiaries serving broader class indians nationwide lincoln vigil see also ibid federal government fiduciary obligation indians fiduciary obligation owed indian quoting hoopa valley tribe supra sometimes seen government enforced trust statutes dispose indian property contrary wishes nominally kept trust government may seek advice counsel guidance balancing competing interests indeed point consulting counsel may determine whether conflicting interests stake appeals sought accommodate government multiple obligations suggesting government may invoke privilege identifies specific competing interest considered particular communications seeks withhold conflicting interests government must consider pervasive approach workable said privilege effective must predictable see jaffee redmond upjohn government required identify specific interests considered communication ability receive confidential legal advice substantially compromised government always able predict considerations qualify specific competing interest especially advance receiving counsel advice forcing government monitor considerations contained communication counsel render privilege little better privilege ibid appeals also decided fiduciary exception properly applied government fiduciary duty disclose information related trust management beneficiary general trustee irrevocable trust must produce information beneficiary reasonable basis though duty sometimes limited may modified settlor restatement third trusts hereinafter restatement bogert fiduciary exception applies duty disclosure overrides privilege mett fiduciary exception understood instance privilege giving way face competing legal principle however disclosure obligations private trustee previously said principles relevant applied specific applicable statute regulation navajo ii slip relevant statute case delineates trust responsibilities secretary interior must discharge enumerated responsibilities include provision identifying secretary obligation provide specific information tribal account holders secretary must suppl account holders periodic statements account performance must make available daily basis balances account secretary complied requirements adopting regulations instruct office trust fund management provide tribe quarterly statement performance cfr identifies source type status trust funds deposited held trust account beginning balance gains losses receipts disbursements ending account balance quarterly statement period tribes may request frequent statements information account transactions balances common law trusts override specific statute regulations apply provisions define government disclosure tribe tribe emphasizes brief respondent statute identifies list trust responsibilities nonexhaustive see trust responsibilities limited enumerated government replies clause best read refer statutory regulatory requirements rather duties brief whatever congress intended read clause include general duty disclose information related administration indian trusts congress provides specific statutory obligations read catchall provision impose general obligations include specifically enumerated massachusetts mut life ins russell cases noted past hesitant adopt interpretation congressional enactment renders superfluous another portion law mackey lanier collection agency service reading statute incorporate full duties private fiduciary vitiate congress specification narrowly defined disclosure law regulation moreover documents issue case classed property records property tribe cfr see also source funds used pay legal advice highly relevant identifying real client purposes fiduciary exception consider ownership resulting records significant factor deciding access document see riggs case privilege belongs courts commentators long recognized ot every aspect private trust law properly govern unique relationship tribes federal government cohen fiduciary exception privilege ranks among aspects inapplicable government administration indian trusts appeals denied government petition writ mandamus based erroneous view contrary leave determine whether standards granting writ met light therefore reverse judgment appeals remand case proceedings consistent opinion ordered justice kagan took part consideration decision case petitioner jicarilla apache nation writ certiorari appeals federal circuit june justice ginsburg justice breyer joins concurring judgment agree government ordinary trustee see ante unlike private trustee government distinc interest faithful carrying laws governing conduct tribal affairs heckman unique national interest obligates government attorneys rendering advice make independent evaluation law facts effort arrive single position app pet cert letter attorney general griffin bell secretary interior cecil andrus may reason explains government seeks legal advice rather fiduciary capacity ante privilege thus protects government communications attorneys disclosure going beyond communications holds government assumes indian trust responsibilities extent expressly accepts responsibilities statute ante therefore concludes trust relationship described include usual disclosure obligations ante unnecessary decide information communications government may withhold beneficiaries tribal trusts concur judgment petitioner jicarilla apache nation writ certiorari appeals federal circuit june justice sotomayor dissenting federal indian policy established network federal statutes requires act strictly fiduciary capacity managing indian trust fund accounts interests federal government trustee jicarilla apache nation nation beneficiary thus entirely aligned context indian trust fund management governing statutory scheme establishes conventional fiduciary relationship government duties include fiduciary obligations derived trust principles rationales fiduciary exception fully support application context hold government may rely privilege withhold nation communications government attorneys relating trust fund management decision contrary rests false factual legal premises deprives nation indian tribes highly relevant evidence scores pending cases seeking relief government alleged mismanagement trust funds perhaps troubling majority disregard settled precedent looks trust principles define scope government fiduciary obligations indian tribes indeed aspects majority opinion suggest principles little indian trust context position rejected long ago although today holding pertains narrow evidentiary issue fear upshot majority opinion may well dilution government fiduciary obligations broader negative repercussions relationship indian tribes federal rule evidence provides relevant part privilege government shall governed principles common law may interpreted courts light reason experience rule adopted precisely congress wished leave privilege questions courts rather attempt codify weber aircraft majority notes purpose privilege encourage full frank communication attorneys clients thereby promote broader public interests observance law administration justice upjohn majority neglects explain privilege limited exception usual rules evidence requiring full disclosure relevant information see wigmore evidence ed common law recognizes fundamental maxim public right every man evidence exemptions may exist distinctly exceptional many derogations positive general rule effect withholding relevant information factfinder courts construe privilege narrowly fisher applies necessary achieve purpose ibid purpose ends protection privilege wachtel health net fiduciary exception privilege roots english cases holding trustee obtained legal advice relating administration trust adversarial legal proceedings beneficiaries trust right production advice ibid collecting cases fiduciary exception well recognized jurisprudence federal state applied wide variety contexts including litigation involving trusts see riggs nat bank washington zimmer del ch disputes corporations shareholders see garner wolfinbarger erisa enforcement actions see doe majority correctly identifies two rationales courts articulated applying fiduciary exception ante description rationales omits number important points regard first rationale courts characterized trust beneficiary real client legal advice relating trust administration advice provided trustee assist management trust ultimately benefit trust beneficiary rather trustee personal capacity see mett representative beneficiaries trust administering trustee real client sense personally quoting evans per curiam riggs majority places heavy emphasis source payment legal advice see ante well settled pays legal advice although potentially relevant determinative resolving issues privilege restatement third trusts comment hereinafter third restatement instead lynchpin real client inquiry identity ultimate beneficiary legal advice see wachtel central importance fiduciary lack legitimate personal interest legal advice obtained advice rendered benefit beneficiary trustee personal capacity real client advice beneficiary second rationale fiduciary exception rooted trustee fiduciary duty disclose information related trust management majority glosses fact duty disclosure designed enable beneficiary prevent redress breach trust otherwise enforce rights trust third restatement comment leading american case fiduciary exception explains order beneficiaries hold trustee proper standards care honesty procure benefits entitled knowledge affairs mechanics trust management crucial riggs courts justifying fiduciary exception rationale thus concluded policy preserving full disclosure necessary relationship ultimately important trustees confidence attorney trust see mett rationale fiduciary exception understood instance privilege giving way face competing legal principle majority fails appreciate important oversight accountability interests underlie rationale fiduciary explain operate less force indian trust context question case whether fiduciary exception applies indian trust context government may rely privilege withhold nation communications government attorneys relating administration nation trust fund accounts answering question requires proper understanding nature government trust relationship indian tribes particularly regard management indian trust funds since recognized existence general trust relationship indian tribes see cherokee nation georgia pet marshall decisions past century repeatedly reaffirmed distinctive obligation trust incumbent upon government dealings indians seminole nation see mitchell mitchell ii collecting cases noting undisputed existence general trust relationship indian people congress recognized general trust relationship indian tribes indeed early every piece modern legislation dealing indian tribes contains statement reaffirming trust relationship tribes federal government cohen handbook federal indian law pp ed hereinafter cohen backdrop congress enacted federal statutes define contours fiduciary responsibilities regard management indian tribal property trust assets mitchell ii nation claims relevant case concern government alleged mismanagement tribal trust fund accounts see ante system trusteeship federal management indian funds originated congressional enactments century directing government hold manage indian tribal funds trust see act june stat see also misplaced trust bureau indian affairs mismanagement indian trust fund hereinafter misplaced trust later congressional enactments come manage almost billion tribal funds collects close million per year behalf tribes cohen today numerous statutes outline federal government obligations trustee managing indian trust funds particular secretary treasury request secretary interior must invest funds held trust credit indian tribes certain securities suitable needs fund involved secretary interior may deposit treasury pay mandatory interest indian trust funds best interests indians promoted deposits lieu investments similarly secretary interior may invest tribal trust funds certain public debt instruments deems advisable best interest indians congress set forth nonexhaustive list secretary interior trust responsibilities respect indian trust funds include series accounting auditing management disclosure obligations statutory give full responsibility manage indian trust fund accounts benefit indians mitchell ii fiduciary relationship necessarily arises government assumes elaborate control trust assets belonging indians statutory regime described government extensive managerial control indian trust funds exercises considerable discretion respect assumed significant responsibilities account tribal beneficiaries result necessary elements trust present trustee beneficiary indian tribe trust corpus indian funds ibid unlike contexts statutory scheme creates bare trust entailing limited responsibilities navajo nation navajo internal quotation marks omitted statutory regime governing obligations regard indian trust funds bears hallmarks conventional fiduciary relationship navajo nation navajo ii slip internal quotation marks omitted see lincoln vigil law established government dealings indian tribal property acts fiduciary quoting cherokee nation ii light federal rule evidence government role conventional fiduciary managing indian trust fund accounts hold matter federal common law fiduciary exception applicable indian trust context thus government may rely privilege withhold communications related trust management explained twin rationales fiduciary exception fully support application context majority conclusion contrary rests flawed factual legal premises government seeks legal advice government attorney matters relating management nation trust funds real client advice purposes fiduciary exception nation government majority rejection conclusion premised erroneous view government managing nation trust funds independent interest implementation federal indian policy diverges interest nation beneficiary ante see also ante ginsburg concurring judgment majority correctly notes general matter government sovereign interests managing indian trusts distinguish private trustee see minnesota throughout history federal government dealings indian tribes congress altered administered trust relationship instrument federal policy ante detailing shifts policy see generally cobell norton cadc describing history contentious tragic specific context indian trust fund management however federal indian policy entirely aligns interests government trustee indian tribe beneficiary explained congress enacted extensive network statutes regulating government management indian trust fund accounts statutory framework establishes conventional fiduciary context indian trust fund navajo nation ii slip internal quotation marks omitted see supra conventional fiduciary government management indian trust funds must judged exacting fiduciary standards seminole nation among fundamental fiduciary obligations trustee administer trust solely interest beneficiaries scott fratcher law trusts ed see meinhard salmon cardozo honesty alone punctilio honor sensitive standard behavior trustees bound fiduciary ties although indian trust funds deposited treasury part federal government general funds used benefit tribe cohen citing quick bear leupp federal indian policy requires government act strictly conventional fiduciary managing nation trust funds government acts representative rather persona capacity managing nation trust funds riggs law government pursue independent interest ante distinct responsibilities fiduciary see cohen federal statutes forbid use indian tribal funds manner authorized treaty express provisions law citing words uniquely sovereign interest government may contexts trust relationship indian tribes exist specific context indian trust fund administration naturally follows government seeks legal advice government attorneys relating management nation trust funds real client advice purposes fiduciary exception nation government conclusion holds true even though government attorneys paid congressional appropriations cost nation ante noted although source funding legal advice may relevant ultimate inquiry whose benefit legal advice rendered see supra emphasis majority places funding source see ante majority never suggests fiduciary exception apply congress amended federal law permit indian tribes pay government attorneys trust majority also suggests even interests indian tribes may equivalent contexts equivalence breaks multiple interests involved trust relationship ante according majority government many competing legal concerns allow inquiry purpose communication ibid result majority concludes fiduciary exception applied indian trust context ibid preliminarily government certain circumstances may sovereign obligations conflict duties fiduciary indian tribes see nevada existence competing interests unique government trustee indeed issue competing interests arises frequently private trust context see third restatement comment describing duties trustee respect transactions involve conflicting fiduciary personal interests comment describing trustee duty impartiality balancing competing interests multiple beneficiaries circumstances trustee ultimately may need provide response offers compromise confidentiality privacy concerns needs others comment majority provides reason federal courts applying fiduciary exception indian trust context similarly adopt workable framework adequately takes account unique governmental interests bear application fiduciary exception given circumstance see fed rule civ proc authorizing courts set limits discovery based equitable concerns majority categorical rejection fiduciary exception indian trust context sweeps far broader necessary case involves government alleged mismanagement nation trust fund accounts government claim communications issue relate competing governmental obligations see app pet cert extent contexts competing interests government attorneys already identify interests determining balance obligations indian tribes communications relating interests may properly withheld redacted consistent application fiduciary exception see fed cl observing redactions allo privilege exception reign within respective spheres majority categorical approach fails appreciate privilege determinations nature made indeed basis government attorneys like private counsel must review requested document make individualized assessment privilege courts reviewing privilege logs challenges must basis may slight extent undermine desirable certainty boundaries privilege obeys spirit rule upjohn courts flexibility develop rules privilege basis trammel quoting cong rec statement hungate see recognition privilege based confidential relationship determined basis rather fashioning blanket rule application fiduciary exception indian trust context consistent rule principles judicial restraint decide question solely facts us see upjohn noting sit decide concrete cases abstract propositions law declin ing lay broad rule series rules govern conceivable future questions area facts fiduciary exception applies communications case like real client rationale second rationale fiduciary exception rooted trustee fiduciary duty disclose matters relevant trust administration beneficiary fully supports disclosure communications case explained courts relying second rationale recognized policy preserving full disclosure necessary relationship ultimately important protection trustees confidence attorney trust riggs statutory scheme requires government act conventional fiduciary managing nation trust funds government fiduciary duty keep nation informed matters relating trust administration includes concomitant duty disclose communications relating trust fund management see third restatement comment restatement law third governing lawyers pp notably majority suggest nation needs less information private beneficiary exercise effective oversight government trustee instead majority contends nation entitled less disclosure government disclosure obligations limited private trustee particular majority government assumes indian trust responsibilities extent expressly accepts responsibilities statute thus nation must point right conferred statute regulation order obtain otherwise privileged information government wishes ante majority cites single statutory provision implementing regulations defin ing government disclosure obligation nation ante see ante citing cfr narrowly defined disclosure obligations provide indian tribes specific statutory right disclosure communications relating trust administration ante majority concludes government duty disclose communications nation majority conclusion employs fundamentally flawed legal premise never held government trust responsibilities indians must set forth expressly specific statute regulation contrary statutory framework establishes relationship government indian tribe bears hallmarks conventional fiduciary relationship navajo ii slip internal quotation marks omitted consistently looked general trust principles flesh government fiduciary obligations example white mountain apache tribe construed statute vested government discretionary authority use trust property certain purposes imposing concomitant duty preserve improvements previously made land quoting stat even though statute expressly subject government duties management conservation construed government obligations statute reference elementary trust law confirm ed commonsense assumption fiduciary actually administering trust property may allow fall ruin watch similarly seminole nation relied general trust principles conclude government fiduciary duty prevent misappropriation tribal trust funds corrupt members tribe even though specific statutory treaty provision expressly imposed duty see accordingly although general government obligations defined statute must filled reference general trust law cobell quoting mitchell ii approach accords recognition trust contexts primary function fiduciary duty constrain exercise discretionary powers controlled specific duty imposed trust instrument legal regime varity howe emphasis deleted cf central southeast southwest areas pension fund central transport ather explicitly enumerating powers duties trustees fiduciaries congress invoked common law trusts define general scope authority responsibility indeed fiduciary duty applied nothing activities already controlled specific legal duties serve purpose howe majority pays lip service precedents acknowledging looked principles inform interpretation statutes determine scope liability congress imposed ante despite assurance apply trust principles congress indicated appropriate ante majority inexplicably rejects application trust principles case majority common law trusts override specific statute regulations apply ante referring cfr statement evidences majority fundamental misunderstanding way principles operate context conventional fiduciary relationship contrary majority view government disclosure obligations limited solely narrowly defined disclosure obligations set forth implementing regulations ante rather given statutory regime requires government act conventional fiduciary managing indian trust funds government disclosure obligations include fiduciary trust principles see supra instead overrid ing specific disclosure duty set forth implementing regulations general trust principles flesh government disclosure obligations broader statutory regime consistent role conventional fiduciary context conclusion moreover supported plain text statute cited majority section enacted part american indian trust fund management reform act act stat sets forth eight trust responsibilities provision also specifically secretary interior proper discharge trust responsibilities shall include limited specified duties emphasis added expressly including italicized language congress recognized government trust responsibilities arise broader statutory scheme governing management indian trust indeed title act entitled recognition trust responsibility stat emphasis added courts similarly observed act recognized reaffirmed government longstanding substantial trust obligations indians cobell see also responsibility management indian trust funds government determined series decisions treaties statutes conclusion accords common sense even government argues disclosure obligations respect indian trust funds prior enactment majority requires nation point right conferred statute communications issue ante finding none denies nation access communications upshot decision fear may well reinvigorate position dissenting justices white mountain apache mitchell ii rejected use principles inform scope government fiduciary obligations indian tribes see white mountain apache thomas dissenting mitchell ii powell dissenting approach wrong mitchell ii decided nearly years ago wrong today governing precedents trust principles play important role defining government fiduciary duties statutory scheme establishes conventional fiduciary relationship applying principles context hold fiduciary exception fully applicable communications iii described federal government fiduciary duties toward indian tribes consisting moral obligations highest responsibility trust fulfilled conduct judged exacting fiduciary standards seminole nation see also mitchell ii collecting cases sad truth however government failed live fiduciary obligations managing indian trust fund accounts see cobell general accounting office interior department inspector general office management budget among others condemned mismanagement indian trust accounts past twenty years misplaced trust government indifferent supervision control indian trust funds consistently resulted failure exercise responsibility meet reasonable expectations tribal individual accountholders congress taxpayers ad type mismanagement taken place trust arrangements social security war congress recognized indian trust fund balance sheets accounting procedures moneys crucial daily operations native american tribes source income tens thousands native americans given history governmental mismanagement indian trust funds application fiduciary exception anything even important context private trustee context majority refusal apply fiduciary exception case deprives nation well indian tribes cases currently pending federal courts involving claims tribal trust mismanagement app pet cert highly relevant information going directly merits whether government properly fulfilled fiduciary duties holding exacerbates concerns expressed many lack adequate oversight accountability marked government handling indian trust fund accounts decades perhaps even troubling majority refusal apply fiduciary exception case disregard established precedents affirm central role trust principles play defining government fiduciary obligations indian tribes rejecting nation claim ground fails identify specific statutory right communications issue majority effectively embraces approach espoused prior dissents rejects role principles altogether indian trust context decision case involving narrow evidentiary issue wholly unnecessary worse yet risks diluting government fiduciary obligations manner congress clearly intend inflict serious harm relationship indian tribes warrant precedent reason reaching result respectfully dissent footnotes cfc held fiduciary exception doctrine fed cl appeals address issue ca fed us federal circuit denied government mandamus petition government produced documents protective order prevents disclosure third parties case resolved app pet cert government compliance production order affect review decision may still provide effective relief preventing disclosure excluding evidence trial see mohawk industries carpenter slip today ourts differ whether privilege available communications trustee counsel regarding administration trust newman bogert bogert law trusts trustees ed hereinafter bogert state courts altogether rejected notion privilege subject fiduciary exception see huie deshazo tex privilege serves important purpose relationship relationships wells fargo bank superior cal attorney trustee trust virtue relationship also attorney beneficiaries trust internal quotation marks omitted neither party disputes existence fiduciary exception however deciding case assume exception exists number widely varying relationships less closely resemble trusts trusts although term sometimes used loosely cover relationships important differentiate trusts relationships since many rules applicable trusts applicable restatement second trusts introductory note hereinafter restatement see also begay cl provisions relating private trustees fiduciaries useful analogies regarded finally dispositive relationship thus dissent reliance government managerial control post opinion sotomayor misplaced cf restatement comment lthough settlor called transaction trust trust created unless manifests intention impose duties enforceable courts chief justice hughes writing unanimous insisted national interest management indian affairs expressed terms property limited assertion rights incident ownership reversion holding technical title trust heckman congress structured trust relationship reflect considered judgment indians governed example indian general allotment act stat comprehensive congressional attempt change role indians american society cohen handbook federal indian law hereinafter cohen congress aimed promote assimilation indians dividing indian lands individually owned allotments federal policy aimed substitute new way life older indian communal way indian reorganization act stat marked shift away assimilation policies toward tolerance respect traditional aspects indian culture cohen act prohibited allotment restored tribal ownership indian education assistance act stat tribal act stat enabled tribes run health education economic development social programs cohen strengthened supported congress decision authorize tribes withdraw trust funds federal government control place funds tribal control american indian trust fund management reform act stat see ed supp iii control indian tribes exercised pursuant trust relationship forcing division tribal lands restraining alienation correspond fiduciary duties trustee rather trust relationship altered administered instrument federal policy assume sake argument indian trust properly analogized irrevocable trust rather revocable trust revocable trust imposes duty trustee disclose information beneficiary hile trust revocable person may revoke entitled receive information trustee bogert restatement comment trustee revocable trust provide reports accountings information concerning terms administration trust beneficiaries without authorization either settlor terms trust statute many respects indian trusts resemble revocable trusts common law congress acted settlor establishing trust retains right alter terms trust statute even derogation tribal property interests see winton amos thoroughly established congress plenary authority indians full power legislate concerning tribal property cohen government advanced argument relationship similar revocable trust point need addressed resolve case reading receives additional support another statute congress expressed understanding government retains evidentiary privileges allowing withhold information related trust property indian tribes indian claims limitation act stat addressed indian claims claimants desired litigated secretary interior decided reject claim litigation required furnish report affected indian claimants upon request provide nonprivileged research materials evidence gathered documentation claim congress authorized withholding information grounds privilege makes us doubt congress understood government trust obligations override basic privilege attorney client dissent tells us applying fiduciary exception even important government private trustee history governmental mismanagement post necessary decision note indian tribes required keep funds federal trust see authorizing tribes withdraw funds held trust cfr pt tribe wishes funds managed conventional fiduciary post may seek appeals declines issue writ assume cfc remand follow holding regarding applicability fiduciary exception present context footnotes see solis food employers labor relations wl wachtel health net bland fiatallis north america mett long island lighting wildbur arco chemical fausek white see also restatement third trusts comment reporter notes pp restatement law third governing lawyers see directing secretary interior enter funding agreements indian tribes manner consistent federal government laws trust relationship responsibility indian people finding government trust responsibility protect conserve utilize manage indian agricultural lands consistent fiduciary obligation unique relationship indian tribes policy fulfill federal government unique continuing trust relationship responsibility indian people education indian children trust fund accounts comprised mainly money received sale lease trust lands include timber stumpage oil gas royalties agriculture fees well judgment funds awarded tribes nation claims involve proceeds derived government management nation timber gravel resources leases reservation lands government held funds trust nation since late see app pet cert see requiring secretary interior account daily annual balance funds held trust benefit indian tribe creating office special trustee american indians provide effective management accountability proper discharge secretary trust responsibilities indian tribes example mitchell mitchell held federal statute authorized president allot specified number acres individual indians residing reservation lands provide undertaken full fiduciary responsibilities management allotted lands statute indian allottee representative responsible using land agricultural grazing purposes accordingly concluded congress intend impose upon government fiduciary duties ordinarily placed equity upon trustee statute created limited trust relationship allottee see also navajo concluding secretary interior assume fiduciary duties relevant statutory scheme secretary neither assigned comprehensive managerial role expressly invested responsibility secure needs best interests indian owner heirs internal quotation marks omitted majority also ownership requested documents significant factor deciding whether fiduciary exception applies ante case cites support deals source payment legal advice ownership documents see ibid citing riggs nat bank washington zimmer del ch nevada government represented certain tribes litigation involving water rights even though also required statute represent water rights reclamation project see noting congress delegated secretary interior responsibility supervision indian tribes commencement reclamation projects areas adjacent reservation lands dual litigating responsibility noted simply unrealistic suggest government may perform obligation represent indian tribes litigation congress obliged represent interests well ibid thus observed context case government follow fastidious standards private fiduciary breach duties single beneficiary solely representing potentially conflicting interests without beneficiary consent ibid expressly distinguished context relationship government tribe involved context acknowledged law respecting obligations trustee beneficiary private litigation many respects adequately describe duty ibid sure decisions involving jurisdiction federal claims tucker act explained jurisdictional analysis must train specific statutory regulatory prescriptions navajo even assuming arguendo jurisdictional decisions relevance stand proposition government fiduciary duties defined exclusively express statutory provisions indeed decisions relied specifically general trust principles determine whether relevant statutory scheme permitted damages remedy prerequisite jurisdiction tucker act see mitchell ii noting trust sources establish trustee accountable damages breaches trust iven existence trust relationship naturally follows government liable damages breach fiduciary duties see also navajo ii slip affirming general trust principles play role inferring trust obligation enforceable damages internal quotation marks brackets omitted majority invokes canon superfluity argues catchall phrase means shall include limited language read include general duty disclose information related administration indian trusts impose general obligations include specifically enumerated ante flaw majority argument misperceives function relevant language rather serving catchall provision affirmatively incorporate trust duties ante language simply makes clear set forth exhaustive list government trust responsibilities managing indian trust funds nothing language imports substantive obligations statute majority also contends reading supported provision indian claims limitation act icla stat provided secretary interior rejected claim litigation indian claimant required provide upon request nonprivileged research materials evidence gathered documentation claim according majority provision reflected congress understanding government retains evidentiary privileges allowing withhold information related trust property indian tribes ante provision bear weight majority places even putting aside undisputed fact icla inapplicable claims case majority reliance icla provision fails recognize documents subject fiduciary exception real client rationale per se nonprivileged see mett accordingly anything icla requirement government disclose nonprivileged materials indian claimants supports conclusion congress intended communications related trust fund management disclosed indian tribes majority errors compounded failure accord proper consideration mandamus posture case repeatedly observed writ mandamus extraordinary remedy reserved extraordinary situations gulfstream aerospace mayacamas writ one potent weapons judicial arsenal three conditions must satisfied may issue cheney dist internal quotation marks citation omitted first party seeking issuance writ must adequate means attain relief desires condition designed ensure writ used substitute regular appeals process second petitioner must satisfy burden showing right issuance writ clear indisputable third even first two prerequisites met issuing exercise discretion must satisfied writ appropriate circumstances internal quotation marks citations omitted alterations deleted majority purports leave decision whether grant mandamus relief federal circuit simultaneously drops stating assume federal claims remand follow holding fiduciary exception inapplicable ante majority virtually assures nation able use communications issue litigation thereby effectively granting extraordinary relief government upon showing whatsoever stringent conditions mandamus met