The crime-fraud exception was first recognized in the United States over one hundred years ago, and the policy behind it is well-defined. (The crime-fraud exception was first recognized in the United States in Alexander v. U.S., 201 U.S. 117, 121 (1906).) The legal community does not deem discussions concerning future wrongdoings, such as fraud, that occur during an attorney-client communication worthy of protection. … While the practice of law encourages full and frank communications between the attorney and client, only communications concerning past wrongdoings are protected. … [Read more...] about Trump rages: ‘Attorney-client privilege is dead!’ In the Stormy Daniels case, he might be right.
Cohen attorney client privilege trump
“If Trump and Cohen conspired to break the law by having Cohen make a $130,000 in-kind contribution, are their communications covered by the attorney-client privilege? No,” said David Alan Sklansky, a former federal prosecutor who serves as faculty co-director of the Stanford Criminal Justice Center. “If your communications with your lawyer are designed to have the lawyer do something that would be a crime, that’s not covered by the privilege.” … [Read more...] about Why attorney-client privilege probably won’t shield Trump in the Stormy Daniels case
Lawyers, including Daniels’ attorney, Michael Avenatti, disputed the president’s suggestion that the FBI search of Cohen’s office violated the protection. Some pointed to the very high bar the FBI needed to pass to obtain a search warrant of this nature, including getting approval from the U.S. attorney for the Southern District of New York, who happens to be a Trump appointee. … [Read more...] about Trump Fumes Over Michael Cohen Raid: ‘Attorney-Client Privilege Is Dead’
Do investigators often seek to search an attorney’s office if they see evidence of a crime?No. “It is extremely rare to get a search warrant for a law office. Nothing so high profile occurs to me,” said New York University Law Professor Stephen Gillers, a recognized authority on legal ethics. “Prosecutors instead use subpoenas or simple requests. So here there must have been fear that items would be destroyed.” … [Read more...] about Attorney-client privilege is a privacy shield, but not for continuing crimes
Giuliani to Wash Post: If true, “It’s not appropriate. I mean, he’s a lawyer. You mean, I call up my lawyer and the government is wiretapping him? That’s pretty damn — I mean, they’ve already eviscerated the attorney-client privilege. This would make a mockery of it.” … [Read more...] about Giuliani: Cohen Wiretap Makes ‘Mockery’ of Attorney-Client Privilege