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Attorney/Client Communications are Privileged - Most of the Time - Part 7

Posted by attorney Theodore Robinson

There is one notable exception to the attorney/client privileged communication rule. That is, no communication between an attorney and a client is privileged if it is for the purpose of learning how to commit a crime or fraud by the client. The legal profession is never to be used for illegal purposes and for an attorney to advise a client on how to avoid prosecution for a crime or evade arrest could be considered a non-privileged communication and would be discoverable if required. Also, if a client is about to do physical harm to another person and informs their attorney ahead of time, the attorney has a duty to divulge such a communication to avoid physical injury.

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