Does attorney-client privilege apply to illegal activity?

The attorney-client privilege does not cover statements made by a client to their lawyer if the statements are meant to further or conceal a crime. For this exception to apply, the client must have been in the process of committing a crime or planning to commit a crime.

Are lawyers liable for their advice?

If the client had independent legal advice about any transaction, that is usually sufficient to meet the lawyer’s burden to prove fairness. In addition, a lawyer is responsible for the acts of his associates, clerks, legal assistants, and partners and may be liable for their acts if they result in losses to the client.

What is the attorney-client privilege and why is it important?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients’ secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide

What is the crime/fraud exception to attorney-client privilege?

Answer Wiki. The general rule is that communications between an attorney and client are privileged from disclosure, including communications regarding past illegal acts. However, privilege does not attach to communications sought to enable the client to commit a future crime or fraud. This is known as the crime/fraud exception to privilege.

Are communications between a defendant and an attorney protected by privilege?

The defense argues that the attorney-client privilege applies, and that the documents are protected. But the documents relate to plans between the defendant and the attorney to misappropriate funds belonging to the plaintiff. Because the communications were for the purpose of committing fraud, they aren’t privileged.

What happens to the attorney-client privilege when the client dies?

The privilege generally stays in effect even after the attorney-client relationship ends, and even after the client dies. In other words, the lawyer can never divulge the client’s secrets without the client’s permission, unless some kind of exception (see below) applies. (United States v. White, 970 F.2d 328 (7th Cir. 1992); Swidler & Berlin v.