Monday, October 6, 2014

Cover-up legal advice is not privileged

Asking an attorney for advice on how to cover up a past bank job is not privileged

See below--discussion on exceptions to the privilege.

1. Crime or fraud: ...When a client asks for assistance in carrying out or defending against future crimes, the privilege does not apply.
a. Cover-up of past crime: ...One situation can cause trouble: where the client seeks advice to avoid discovery of his prior wrongdoing. If the dicussions relate to the fraudulent concealment or destruction of evidence, or other obstruction of justice, the communications involve perpetration of a new future crime or fraud and are thus unprivileged.

from: Evidence Elo