Legal Definitions - crime-fraud exception

The crime-fraud exception is a legal doctrine that states that attorney-client communications that are in furtherance of a current or planned crime or fraud are not protected by the attorney-client privilege or the attorney-work-product privilege.

For example, if a client consults with their attorney about how to commit a fraud or cover up a crime, those communications are not protected by the attorney-client privilege. The attorney cannot keep those communications confidential and may be required to disclose them to law enforcement or a court.

Another example is if an attorney helps their client create false documents or lies to a court, those actions are not protected by the attorney-work-product privilege. The attorney cannot use their work as a shield to protect themselves or their client from criminal or civil liability.

The crime-fraud exception is an important tool for law enforcement to uncover criminal activity and hold individuals accountable for their actions. It also helps to maintain the integrity of the legal profession by preventing attorneys from using their position to aid in criminal or fraudulent activities.