Crime/Fraud Exception to A/C Privilege

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wilc0phan
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Joined: Sat Jan 28, 2012 4:16 pm

Crime/Fraud Exception to A/C Privilege

Postby wilc0phan » Tue Apr 30, 2013 3:22 pm

Which of the following is not true of the crime-fraud exception to the attorney-client privilege?

A. The crime or fraud need not be accomplished.
B. It is not enough for the client’s contemplated act to be reasonably certain to cause
death or substantial bodily harm if it does not involve a crime or fraud.
C. The lawyer’s services need to be used in furtherance of the crime or fraud.
D. The lawyer need not be aware that the client’s aim was criminal or fraudulent.

Restatement of the Law Governing Lawyers §82 talks about this.

I originally thought the answer was B. Is it C?



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