In fraud cases where a client induces a lawyer to carry out fraudulent activities, is any of that communications protected under privilege law?
The attorney-client privilege generally protects confidential communications between an attorney and a client for the purpose of seeking legal advice.
However, this privilege typically does not extend to communications that are made for the purpose of carrying out fraudulent activities or furthering a crime.
If a client induces a lawyer to engage in fraudulent conduct, those communications may not be protected under attorney-client privilege, as they fall outside the scope of seeking legal advice and involve illegal activities.
Courts may not uphold privilege in such cases to prevent the privilege from being used to shield criminal behavior.
Is Attorney-Client Privileged Information Discoverable In Fraudulent Cases?
Communications between an attorney and a client that involve fraudulent activities or criminal conduct may be deemed not protected by attorney-client privilege and may be discoverable in legal proceedings.
Courts may allow the disclosure of such communications to prevent the privilege from being used as a shield for illegal behavior.
However, whether specific communications are discoverable can depend on the laws and regulations of the jurisdiction, as well as the circumstances of the case.
See also: Powers v. Puka: Waiving Attorney-Client Privileges
And also: How To Waive Your Rights So You Don’t Have To – Idaho Edition 2024
