spevack
klein
argued
november
decided
january
proceeding
discipline
petitioner
member
new
york
bar
professional
misconduct
failure
produce
demanded
financial
records
refusal
testify
judicial
inquiry
petitioner
defended
ground
production
records
testimony
tend
incriminate
appellate
division
new
york
ordered
disbarred
holding
privilege
available
light
cohen
hurley
new
york
appeals
affirmed
authority
cohen
hurley
ground
fifth
amendment
privilege
apply
demand
oral
testimony
records
required
appellate
division
kept
attorney
held
judgment
reversed
pp
reversed
justice
douglas
joined
chief
justice
justice
black
justice
brennan
concluded
clause
fifth
amendment
absorbed
fourteenth
extends
protection
lawyers
watered
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disbarment
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livelihood
penalty
asserting
cohen
hurley
supra
overruled
pp
since
petitioner
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theory
privilege
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records
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affirmed
ground
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thereto
first
place
deny
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show
records
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outside
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rule
requiring
attorneys
keep
records
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public
aspects
pp
cohen
hurley
overruled
petitioner
disbarred
asserting
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pp
right
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employee
state
remain
silent
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public
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asked
questions
employer
directly
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performance
official
duties
stated
justice
douglas
opinion
issue
validity
scope
required
records
doctrine
appropriately
presented
solomon
klein
respondent
pro
se
argued
cause
filed
brief
briefs
amici
curiae
urging
reversal
filed
israel
steingold
american
trial
lawyers
association
herman
gerringer
new
york
state
association
trial
lawyers
ralph
shapiro
new
york
city
chapter
national
lawyers
guild
emanuel
redfield
new
york
civil
liberties
union
john
bonomi
filed
brief
association
bar
city
new
york
amicus
curiae
urging
affirmance
justice
douglas
announced
judgment
delivered
opinion
chief
justice
justice
black
justice
brennan
concur
proceeding
discipline
petitioner
member
new
york
bar
professional
misconduct
various
charges
made
one
survived
refusal
petitioner
honor
subpoena
duces
tecum
served
refused
produce
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financial
records
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testify
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inquiry
petitioner
sole
defense
production
records
testimony
tend
incriminate
appellate
division
new
york
ordered
petitioner
disbarred
holding
constitutional
privilege
available
light
decision
cohen
hurley
see
app
div
appeals
affirmed
case
certiorari
granted
determine
whether
cohen
hurley
supra
survived
malloy
hogan
cohen
hurley
decision
rendered
practically
fours
present
case
attorney
relying
privilege
refused
testify
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majority
allowed
new
york
construe
privilege
make
available
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inquiries
character
went
hold
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fifth
amendment
applicable
reason
fourteenth
minority
took
view
full
sweep
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amendment
absorbed
fourteenth
extended
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lawyers
well
persons
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decision
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amendment
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malloy
hogan
cohen
hurley
overruled
majority
indicated
principle
rested
seriously
eroded
one
minority
view
espoused
justice
harlan
justice
clark
stated
cohen
hurley
flatly
decided
clause
fifth
amendment
applicable
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followed
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justice
white
justice
stewart
thought
facts
case
privilege
properly
invoked
state
trial
judge
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division
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hogan
ground
petitioner
member
bar
app
div
appeals
rested
squarely
cohen
hurley
one
two
grounds
affirmance
question
emerges
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principle
malloy
hogan
inapplicable
petitioner
member
bar
conclude
cohen
hurley
overruled
clause
fifth
amendment
absorbed
fourteenth
extends
protection
lawyers
well
individuals
watered
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price
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views
expounded
dissents
cohen
hurley
need
elaborated
said
malloy
hogan
fourteenth
amendment
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state
invasion
privilege
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amendment
guarantees
federal
infringement
right
person
remain
silent
unless
chooses
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exercise
suffer
penalty
silence
may
obnoxious
thing
mildest
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repulsive
form
illegitimate
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practices
get
first
footing
way
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silent
approaches
slight
deviations
legal
modes
procedure
obviated
adhering
rule
constitutional
provisions
security
person
property
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construed
close
literal
construction
deprives
half
efficacy
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right
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sound
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courts
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constitutional
rights
citizen
stealthy
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appeals
alternately
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judgment
disbarring
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ground
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required
records
doctrine
duty
produce
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point
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advert
time
question
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matter
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proceedings
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cases
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fee
compensation
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parties
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preserve
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claim
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state
federal
tax
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worksheets
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shapiro
case
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price
control
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requiring
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sales
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amendment
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shapiro
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division
new
york
questioned
applicability
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petitioner
invoke
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papers
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footnotes
kimm
rosenberg
much
relied
decision
way
accurately
reflected
hogan
construction
fifth
amendment
stop
prior
decisions
vintage
determine
decided
way
right
person
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malloy
hogan
supra
italics
added
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iv
see
civil
practice
annual
new
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counsel
respondent
conceded
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new
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state
new
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new
jersey
ante
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spevack
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brother
douglas
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join
judgment
justice
harlan
justice
clark
justice
stewart
join
dissenting
decision
made
name
constitution
permits
lawyer
suspected
professional
misconduct
thwart
direct
official
inquiry
without
fear
disciplinary
action
done
today
disheartening
frustrating
courts
bar
associations
throughout
country
efforts
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high
standards
bar
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day
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appointment
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lawyer
like
petitioner
prevents
full
inquiry
professional
behavior
still
pervasively
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hardly
fail
encourage
oncoming
generations
lawyers
think
calling
imposing
higher
standards
behavior
might
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general
soundness
constitutional
doctrine
carrying
denigrating
import
profession
surely
suspect
face
six
years
ago
majority
cohen
hurley
set
face
doctrine
prevails
bringing
bear
support
holding
among
things
constitutional
proposition
fourteenth
amendment
make
applicable
fifth
amendment
three
years
later
another
majority
malloy
hogan
decided
make
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amendment
applicable
cast
doubt
continuing
vitality
cohen
hurley
question
whether
malloy
requires
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entirety
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lawyers
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courts
new
york
plurality
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privilege
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amendment
state
disciplinary
proceedings
attorneys
particular
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petitioner
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law
practice
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plurality
opinion
reiterated
last
term
constitutional
privilege
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suggest
schmerber
california
constitution
contains
formulae
calculate
areas
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scope
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cases
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amendment
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interests
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willoughby
davis
shapiro
malloy
hogan
supra
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standards
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also
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california
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new
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west
virginia
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board
regents
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state
bar
california
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state
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hurley
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new
york
appellate
division
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department
new
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determined
attorneys
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actively
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courts
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groups
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attorneys
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request
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lawyers
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rosenberg
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slochower
board
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appellant
associate
professor
brooklyn
college
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amendment
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committee
senate
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position
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committee
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nelson
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read
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