A good discussion of the attorney-client privilege and the crime-fraud exception in a current context is in Paul Rosenzweig, Michael Cohen, Attorney-Client Privilege and the Crime-Fraud Exception (Lawfare 4/10/18), here.
I have written before on the crime-fraud exception. Here are some key blog entries (in reverse chronological order):
- Third Circuit Reverses District Court on Application of Work-Product Privilege for Email to Return Preparer (Federal Tax Crimes Blog 1/30/17), here.
- Update on the Zukerman Indictment - Potential Waivable Conflicts of Interest of Advocate as Witness (Federal Tax Crimes Blog 5/28/16; 6/21/16), here.
- Second Circuit Affirms Application of Crime-Fraud Exception to the Attorney-Client Privilege (Federal Tax Crimes Blog 10/10/15; 5/24/16), here.
- Third Circuit on Crime-Fraud Exception to Attorney-Client and Work-Product Privileges (Federal Tax Crimes Blog 12/12/12), here.
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