Morning Jolt: The Pretty Big Exception to Attorney-Client Privilege

Making the click-through worthwhile: Figuring out what has to happen before the FBI can get the authority to raid a lawyer's office, how James Comey's past defenders are grumbling about his more political persona and upcoming book tour, and a big twist in an alleged scandal involving a Republican governor.

Sorry Mr. President, but Attorney-Client Privilege Isn't Limitless.

President Trump on Twitter, 7:07 a.m. this morning: "Attorney–client privilege is dead!"

There has always been an exception to attorney-client privilege, called the "crime-fraud exception" which applies if the client was in the process of committing or intended to commit a crime or fraudulent act, and the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up. This usually applies to actions like suborning perjury or asking an attorney to present testimony she knows is false, destroying or concealing evidence, witness tampering, or concealing income or assets.

At some point, ...

April 10 2018

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The Pretty Big Exception to Attorney-Client Privilege

Jim Geraghty

Making the click-through worthwhile: Figuring out what has to happen before the FBI can get the authority to raid a lawyer's office, how James Comey's past defenders are grumbling about his more political persona and upcoming book tour, and a big twist in an alleged scandal involving a Republican governor.

Sorry Mr. President, but Attorney-Client Privilege Isn't Limitless.

President Trump on Twitter, 7:07 a.m. this morning: "Attorney–client privilege is dead!"

There has always been an exception to attorney-client privilege, called the "crime-fraud exception" which applies if the client was in the process of committing or intended to commit a crime or fraudulent act, and the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up. This usually applies to actions like suborning perjury or asking an attorney to present testimony she knows is false, destroying or concealing evidence, witness tampering, or concealing income or assets.

At some point, ... Read More

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