This Article examines the application of the crime-fraud exception to the attorney-client privilege in cases involving efforts to use an attorney-client relationship to conceal past misconduct. The Article concludes that the law in some jurisdictions, including Pennsylvania, may make it too difficult to establish that the crime-fraud exception applies in such cases. Accordingly, it argues that the test for application of the exception should require only credible evidence of the client's intentional misuse of the attorney-client relationship, particularly when the misuse of the attorney's services is intended to cover up an ongoing course of criminal conduct such as a conspiracy to obstruct justice.
|Original language||English (US)|
|Number of pages||30|
|Journal||Temple Law Review|
|State||Published - Jan 1 2019|
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