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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 ...
Justice Department prosecutors investigating the mishandling of classified documents at Donald Trump's Florida estate want to again question one of the former president's lawyers before a grand ...
Special counsel Jack Smith in turn asked federal judge Beryl A. Howell in February to invoke the crime-fraud exception, arguing that Corcoran's communications with Trump were not protected by attorney-client privilege based on the crime-fraud exception. [22]
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 ...
Witnesses interviewed in the federal investigation around efforts to overturn the election withheld information on the basis of an assertion of attorney-client privilege, special counsel Jack ...
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.
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Swidler & Berlin v. United States, 524 U.S. 399 (1998), was a case in which the Supreme Court of the United States held that the death of an attorney's client does not terminate attorney–client privilege with respect to records of confidential communications between the attorney and the client.