The Crime-Fraud Exception: A Defense Lawyer's Quandary
New York Law Journal
The attorney-client privilege does not protect client communications in furtherance of contemplated or ongoing criminal or fraudulent conduct. As the U.S. Supreme Court has recognized, the privilege’s purpose of encouraging frank discussion between clients and their counsel “ceases to operate at a certain point, namely, where the desired advice refers not to prior wrongdoing, but to future wrongdoing.” United States v. Zolin (1989).
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