Fraud Nullifies Privilege
Confidential communications between a client and his legal adviser are not privileged if made for the purpose of committing a fraud or crime. For these purposes, it is irrelevant whether the fraud is that of the client, the adviser or a third party acting through an innocent client. Fraud in this context is a wide concept extending to iniquity, which embraces (for example) a plan to enter into transactions at an undervalue to prejudice the client's creditors. However, disclosure of such documents in such circumstances will only be ordered by a court if a particularly strong prima facie case of fraud is shown.
Read more about this topic: Legal Professional Privilege In England And Wales
Famous quotes containing the words fraud and/or privilege:
“The disfranchisement of a single legal elector by fraud or intimidation is a crime too grave to be regarded lightly.”
—Benjamin Harrison (1833–1901)
“Melancholy has ceased to be an individual phenomenon, an exception. It has become the class privilege of the wage earner, a mass state of mind that finds its cause wherever life is governed by production quotas.”
—Günther Grass (b. 1927)