When Can You Hide Behind the Attorney-Client Privilege?

According to President Trump this morning:

Hardly the reaction of an innocent man.

But is he right nonetheless?

Of course not. It’s just another of his many lies. And of his repeated attempts to obstruct justice and derail investigations that could implicate him or his minions.

As I’m sure Mr. Trump’s lawyers can tell him, clients cannot hide behind the attorney-client privilege to perpetuate a crime involving the lawyer. The crime-fraud exception to the privilege is well established.

Justice Cardozo of the U.S. Supreme Court put it well in 1933:

“He must let the truth be told.” What a novel concept this must be to someone like our president.

One thought on “When Can You Hide Behind the Attorney-Client Privilege?

  1. Exactly! The wording makes it clear, it is a privilege, not a right. Privilege comes with obligations to act in a certain way. I recall learning about attorney-client privilege and other legal terms in Business Law 101 back in college. Surely a Wharton MBA should know this. I also feel sorry for our attorney general. I am not his fan but to be the AG of US and expected to act like a family lawyer – must be tough!

    Like

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