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The crime–fraud exception can render the privilege moot when communications between an attorney and client are themselves used to further a crime, tort, or fraud. In Clark v. United States, the U.S. Supreme Court stated that "A client who consults an attorney for advice that will serve him in the commission of a fraud will have no help from ...
Attorney–client privilege is a legal concept that protects communications between a client and his or her attorney and keeps the communications confidential in both civil and criminal cases. The privilege encourages open and honest communication between clients and attorneys.
The joint defense privilege, or common-interest rule, is an extension of attorney–client privilege. [1] Under "common interest" or "joint defense" doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney–client privilege. [2]
The privilege ordinarily is lost when otherwise confidential attorney-client communications are exposed to third parties, and that makes such communications vulnerable to discovery in litigation.
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The duty is sourced from a combination of contract law and equity arising from the distinctive relationship between lawyer and client. The solicitor or attorney is an agent of the client under the law of agency. In contract, the duty arises from terms contained in the retainer agreement. Complementarily, equity prohibits unauthorised use or ...
“During the course of the Government’s investigation, at least 25 witnesses withheld information, communications, and documents based on assertions of the attorney-client privilege under ...
In November 2022, the FBI investigation was taken over by a special counsel investigation, under the direction of Jack Smith who was appointed by Attorney General Merrick Garland. [35] A second civil case allowed the Smith investigation to make use of the crime-fraud exception to attorney–client privilege to access certain evidence in the ...