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:
“He saw, he wish’d, and to the prize aspir’d.
Resolv’d to win, he meditates the way,
By force to ravish, or by fraud betray;
For when success a lover’s toil attends,
Few ask, if fraud or force attain’d his ends.”
—Alexander Pope (1688–1744)
“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)