By Dan Calabrese
Which brings us to the departure from the attorney-client privilege most salient for present purposes, the so-called crime-fraud exception. Even if there is a formal attorney-client relationship, the privilege does not shield from disclosure communications under circumstances in which 1) the client was committing or plotting a fraud or crime, and 2) the communications between attorney and client were in furtherance of that fraud or crime. Let’s say the client is scheming to mislead congressional or law-enforcement investigators, or a court. If the client seeks advice from a lawyer about how best to carry out the scheme, there is no legitimate resort to the attorney-client privilege to thwart government investigations. Communications between the client and her attorney are not protected and may be inquired into.
Obviously, were this not the case, the leaders of a criminal enterprise could immunize themselves from investigation and prosecution by simply keeping lawyers on retention to help plan crimes and be on hand when crimes are committed.......To Read More....
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