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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 ...
The privilege encourages open and honest communication between clients and attorneys. However, in the United States, not all state courts treat attorney communications as privileged. For instance, Washington state law and the federal courts in applying federal law protect client only communications; an attorney's communication is protected as ...
It is also known as the work-product rule, the work-product immunity, the work-product exception, and the work-product privilege, though there is debate about whether it is truly a "privilege." [ 2 ] This doctrine does not apply in other countries, where such communications are not protected, but where the legal discovery process itself is much ...
The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. [1]
Privileged communications are a subset of confidential communication. Nonetheless, loss of privilege does not necessarily automatically destroy the duty to confidentiality if it has arisen independently of the privilege. Finally, privileged information is protected from compulsory disclosure, unless abrogated by statute or waived.
However, the legal aid application falls within one of the exceptions to solicitor-client privilege, known as the crime-fraud exception: any communication made for the purpose of obtaining legal advice to facilitate the commission of a crime, or any communication which itself is the material element of a crime, does not benefit from the ...
The issue of a reporter's privilege came to the forefront of media attention in the 2005 case In re Miller, involving reporters Judith Miller and Matthew Cooper.Miller and Cooper were both served with grand jury subpoenas for testimony and information, including notes and documents pertaining to conversations with specific and all other official sources relating the Plame affair.
One well-known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. [ 1 ]