Cases conflict on crime-fraud exception

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 15, 2020 10:41 AM

Does the crime-fraud exception to attorney-client privilege apply when a third-party sues a lawyer for fraud and the only naughty conduct was allegedly by the lawyer? Reviewing dueling decisions on “whether the crime-fraud exception to the attorney-client privilege is applicable where the attorney alone purportedly committed a crime or fraud” — in a case where a debt-collector alleged it was duped by a scheme that was designed to help a law firm’s clients escape student loan debt — a federal judge in Virginia concluded …

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