Under the attorney-client privilege, which statement is correct?

Under the attorney-client privilege, which statement is correct?

• A. The attorney's knowledge of the client's criminal purpose is necessary for privilege to apply.
• B. The privilege extends to communications by a non-control-group employee to corporate counsel within corporate duties, even when seeking general information.
• C. The attorney does not need to provide advice or agree to representation for the privilege to exist.
• D. The privilege does not protect communications made to enable or aid in the commission of a crime or fraud.

Answer: (D)

The fundamental idea is that attorney-client privilege protects confidential communications between a client and lawyer when the purpose is to seek or receive legal services. But there’s an important exception: the crime-fraud exception. If the client uses the attorney to plan, commit, or further a crime or fraud, those communications aren’t privileged and can be admitted as evidence. That’s why the correct statement is that the privilege does not protect communications made to enable or aid in the commission of a crime or fraud. The other options misstate how privilege works: the privilege isn’t triggered simply by the lawyer learning the client’s criminal intent, and while corporate communications to obtain legal advice can be privileged, seeking only general information isn’t protected, and the existence of the privilege isn’t contingent on the attorney’s agreement to represent in every case.

The fundamental idea is that attorney-client privilege protects confidential communications between a client and lawyer when the purpose is to seek or receive legal services. But there’s an important exception: the crime-fraud exception. If the client uses the attorney to plan, commit, or further a crime or fraud, those communications aren’t privileged and can be admitted as evidence. That’s why the correct statement is that the privilege does not protect communications made to enable or aid in the commission of a crime or fraud. The other options misstate how privilege works: the privilege isn’t triggered simply by the lawyer learning the client’s criminal intent, and while corporate communications to obtain legal advice can be privileged, seeking only general information isn’t protected, and the existence of the privilege isn’t contingent on the attorney’s agreement to represent in every case.