The Crime-Fraud Exception: A Defense Lawyer's Quandary
The crime-fraud exception often presents a quandary to attorney-client privilege. Is your client's question to you—and your advice—protected by that privilege, or must you disclose it to a grand jury should you be served a subpeona seeking information about any conversations you may have had with a client about extradition? If the crime-fraud exception applies, should you have also considered telling your client of that possibility when they first asked you the question and avoiding the issue altogether?
December 08, 2023 at 10:00 AM
8 minute read
LitigationYour client Dash has been indicted for a federal crime and is currently on pretrial release, and the terms of his bond make it a crime to leave the country. Dash shows up at your office and asks you one question: what countries in North and South America do not have an extradition treaty with the United States?
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