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:
“Things gained through unjust fraud are never secure.”
—Sophocles (497–406/5 B.C.)
“my
mother hoped that
i would die etcetera
bravely of course my father used
to become hoarse talking about how it was
a privilege and if only he
could”
—E.E. (Edward Estlin)