The crime-fraud exception is a legal principle that allows courts to disregard the attorney-client privilege and work product privilege when a client's communication with their attorney is intended to further a crime or fraud. This means that if a client seeks legal advice to commit or plan a crime, that communication is not protected from disclosure in legal proceedings.
This exception is commonly invoked in both criminal and civil cases. It applies when a client seeks legal assistance to engage in unlawful activities. For example, if a client consults an attorney to devise a scheme for committing fraud, any related communications may be disclosed in court. Users can manage certain legal procedures related to this exception using legal templates from US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A business owner consults their attorney to create a false financial statement to secure a loan. This communication is not protected by attorney-client privilege due to the crime-fraud exception.
Example 2: A person seeks legal advice on how to evade taxes through fraudulent means. Any discussions about this plan may be disclosed in court proceedings. (hypothetical example)
| State | Key Differences |
|---|---|
| California | Broad application of the crime-fraud exception in both civil and criminal cases. |
| New York | Requires a clear connection between the communication and the crime or fraud. |
| Texas | Similar standards, but with specific statutory requirements for disclosure. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Attorney-Client Privilege | Legal protection for communications between a client and their attorney. | Can be overridden by the crime-fraud exception. |
| Work Product Privilege | Protection for materials prepared by an attorney in anticipation of litigation. | Also subject to the crime-fraud exception. |
If you believe the crime-fraud exception may apply to your situation, consider the following steps:
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