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Politics : Politics for Pros- moderated
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To: D. Long who wrote (761690)4/20/2022 10:35:52 AM
From: Sdgla  Read Replies (1) of 793707
 
Found it : The attorney-client privilege protects most communications between clients and their lawyers. But, according to the crime-fraud exception to the privilege, a client's communication to her attorney isn't privileged if she made it with the intention of committing or covering up a crime or fraud.

Because the attorney-client privilege belongs to the client, the client's intent determines whether the exception applies. Most courts will apply the exception even if the attorney had no knowledge of, and didn't participate in, the actual crime or fraud.

The crime-fraud exception applies if:

the client was in the process of committing or intended to commit a crime or fraudulent act, andthe client communicated with the lawyer with intent to further the crime or fraud, or to cover it up.Not Just CrimeIn some states, the crime-fraud exception isn't limited to crimes and fraud; it also applies where the client's object is a civil tort. For example, the exception could apply if a landlord sought advice about unlawfully evicting a tenant.

Note that many torts are also crimes—assault and trespassing are but two examples. So, even in a state where the client's objective must be criminal in order for the crime-fraud exception to apply, something that also happens to be a tort may trigger it.
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