![]() ![]() If following such an inspection the court is satisfied that the exception applies, it may order the communication be turned over to the party seeking its disclosure. ![]() This means the court will review the communications itself before determining if disclosure to the other party is appropriate. If a court is convinced that a litigant has made the requisite showing that the communication may fall within the crime-fraud exception, the court may conduct an in camera inspection of the communications in question. One of the best explanations for finding the exception applicable to intentional breaches of fiduciary duties under Illinois law comes from the Second District’s opinion in Mueller Industries v. They have done so by reasoning that such breaches are analogous to the tort of fraud. This means showing that it is likely that a fraud or crime has been committed and that the otherwise privileged communications in question were in furtherance of the fraud or crime.Īlthough the name crime-fraud exception does not refer to breaches of fiduciary duties on its face, numerous jurisdictions including Illinois have applied the exception to intentional breaches of fiduciary duties. Courts typically require the party opposing the attorney-client privilege to put forth evidence sufficient to establish a factual basis for finding that the exception applies. A party seeking disclosure of otherwise privileged communications must do more than merely allege that a communication falls within the crime-fraud exception. Advice in furtherance of a fraudulent or unlawful goal cannot be considered ‘sound.’ Rather advice in furtherance of such goals is socially perverse, and the client's communications seeking such advice are not worthy of protection.”Ĭourts in general however are reluctant to break attorney-client privilege. One court described the crime-fraud exception and the rationale behind it by explaining that “the crime-fraud exception encompasses a fraudulent scheme, an alleged breach of fiduciary duty or an accusation of some other wrongful conduct. This recognized exception to the attorney-client privilege is known as the crime-fraud exception. It does not, for instance, protect statements made by a client to an attorney meant to further or conceal an intentional breach of fiduciary duty or crime. The attorney-client privilege is a privilege that protects communications between a client and attorney from discovery or disclosure. ![]()
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