Friday, November 9, 2018
Christopher B. Mueller, Laird C. Kirkpatrick and Liesa Richter (University of Colorado Law School, George Washington University - Law School and University of Oklahoma - College of Law) have posted §5.22 Crime-Fraud Exception (Evidence §5.22 (6th ed. Wolters Kluwer 2018)) on SSRN. Here is the abstract:
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.