§5.22 Crime-Fraud Exception

Authors

Christopher B. Mueller, University of Colorado Law School
Laird Kirkpatrick, George Washington University Law SchoolFollow
Liesa Richter, University of Oklahoma College of Law

Document Type

Chapter

Publication Date

2018

Status

Accepted

Abstract

This article addresses the crime-fraud exception to the attorney-client privilege. It discusses the two-part test recognized by most courts. It also discusses the difficult issues of determining the intent of the client in consulting the lawyer and the line between past and ongoing criminal conduct. It concludes by addressing the proof necessary to claim the crime-fraud exception.

GW Paper Series

GWU Law School Public Law Research Paper No. 2018-63; GWU Legal Studies Research Paper No. 2018-63

SSRN Link

https://ssrn.com/abstract=3277009

Recommended Citation

Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §5.22 Crime-Fraud Exception (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.22 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-63; GWU Legal Studies Research Paper No. 2018-63. Available at SSRN: https://ssrn.com/abstract=3277009