Sunday, November 05, 2017

Attorney-Client Privilege Gets Waived!

Since Manafort and Gates roped their lawyer into the conspiracy, the usual attorney-client privilege gets waived!:
Other than relatively common third-party waivers (which happen when the attorney-client communication occurs outside that protective bubble), exceptions to the sacred attorney-client privilege are incredibly rare. The crime-fraud exception is perhaps the rarest exception of them all. These cases are so infrequent precisely because they require uniquely awful behavior by the client and even sometimes by the client’s attorney. Rule of thumb? Behind any successful crime-fraud exception application there is almost certainly one hell of a story.

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