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
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