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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 ...
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. [1]
Note that these confidentiality requirements overlap with but are distinct from evidentiary rules of attorney-client privilege. [ citation needed ] 1.7-1.11: Conflicts of Interest , including restrictions on attorneys arising from current clients, [ 9 ] [ 10 ] former clients, [ 11 ] prior work as a government employee or judge , [ 12 ] [ 13 ...
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’s team warned that Trump may invalidate those claims if he argues during trial that his actions in 2020 were based on the advice of his lawyers.
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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 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 ...
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related to: crime fraud exception to attorney client privilege vs confidentiality