Seeing The Crime-Fraud Exception To Lawyer-Client Privilege
When people go to their attorney, they hope their discussion will stay private. But does it apply to clients being accused or investigated for a serious crime? The attorney-client privilege helps to protect most of the communication between the client and attorneys in Shawnee, OK. However, it is crucial to understand that this does not apply if the client intends to commit or hide a crime.
Sometimes people have issues understanding the difference between civil and criminal cases because some crimes, like assault, can lead to civil and criminal liability. Clients ask their attorneys to help them by providing false evidence in court. It can trigger a crime-fraud exception.
When Can Crime-Fraud Exception Apply?
The client's communication decides whether the crime-fraud exception will apply or not. Whatever the client chooses to tell the attorney, the content of it needs to be under legal terms.
If the attorney decides to ask their attorney to falsify their testimony or ask to destroy any evidence, then this will apply.
Witness tampering and hiding assets or income can also trigger the crime-fraud exception.
If the lawyer gets to know that the client will provide any misleading testimony, then they have to inform the court about it.
Attorney must report their clients if they have threatened someone.
What Happens When It Is Applied?
When they apply the crime-fraud exception, the lawyers must disclose all the information regarding the crime. In some cases, the attorneys must report all the information as soon as they know.
What About Past or Future Crimes?
One must understand that the exception applies to past and future crimes. However, the line between present and possibly future intent can be hazy and you must evaluate it properly.
If someone has committed a past crime, it can be privileged.
If someone has committed fraud in the present, then it will not be privileged.
It isn't privileged if someone plans to commit any future crime.
Fact- If the client is merely seeking advice, then the exception will not apply. However, in the end, the court will decide whether the client was seeking advice or was about to commit a crime.
What Penalties Can the Attorneys Face?
The attorneys are bound to disclose any crime-related communication within closed doors. Although if they do not reveal it, they will not get charged with criminal penalties. They are bound to face fines from the State Bar Association. If the client has disclosed information about harming someone else, the lawyer has to report it as soon as possible.
On the other hand, if a piece of information is about financial loss from a crime, then the attorney can neglect it. If the client has revealed information about a missing piece of evidence or something important about the case, they might need to disclose it.
We Can Help You Understand the Legal Matters Better
If you still have questions about this, consider contacting The West Law Firm. We focus on providing the best possible legal service to our clients while handling the type of cases we know best. You only need to pay once we recover the compensation on your behalf.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.