3rd Circ. Broadens Crime Exception To Atty-Client Privilege

Law360, Philadelphia (December 11, 2012, 7:07 PM EST) -- The Third Circuit on Tuesday affirmed a ruling that attorney-client privilege does not apply when the communications are used to perpetrate a crime, concluding in a precedential ruling that a reasonable basis of suspicion of intended crimes is enough to trump the privilege.

Ruling on an ongoing grand jury investigation into an alleged criminal tax scheme involving an unnamed company, a three-judge panel sought to clarify the circumstances under which the “crime-fraud” exception to attorney-client privilege hold.

“For the crime-fraud exception to apply, the attorney does...
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