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:
“There exists in a great part of the Northern people a gloomy diffidence in the moral character of the government. On the broaching of this question, as general expression of despondency, of disbelief that any good will accrue from a remonstrance on an act of fraud and robbery, appeared in those men to whom we naturally turn for aid and counsel. Will the American government steal? Will it lie? Will it kill?—We ask triumphantly.”
—Ralph Waldo Emerson (1803–1882)
“Men will not give up their privilege of helplessness without a struggle. The average man has a carefully cultivated ignorance about household matters—from what to do with the crumbs to the grocer’s telephone number—a sort of cheerful inefficiency which protects him better than the reputation for having a violent temper.”
—Crystal Eastman (1881–1928)